April 20, 2021 CONGRESSIONAL RECORD — SENATE S2051 roads and bridges are needed, but we RECESS Kaine Murphy Shaheen Kelly Murray Sinema need to figure out how they will be The PRESIDING OFFICER. Under King Ossoff Smith paid for. The massive tax hikes that the previous order, the Senate stands Klobuchar Padilla Stabenow the President has proposed are not a in recess until 2:15 p.m. Leahy Peters Tester viable option. The burden will be borne Luja´ n Reed Van Hollen Thereupon, the Senate, at 12:30 p.m., Lummis Rosen Warner by both American employers and work- recessed until 2:15 p.m. and reassem- Manchin Rounds Warnock ers. bled when called to order by the Pre- Markey Sanders Warren In previous years, the vast majority Menendez Schatz Whitehouse siding Officer (Ms. SINEMA). Merkley Schumer Wyden of infrastructure funding came from the highway trust fund. Every State f NAYS—44 sends dollars to this fund, which fi- EXECUTIVE SESSION Barrasso Graham Portman nances infrastructure across the coun- Blackburn Hagerty Risch --- Blunt Hawley Romney try. But the formula to distribute the Boozman Hoeven Rubio funding is out of date and is facing se- EXECUTIVE CALENDAR Braun Hyde-Smith Sasse rious deficits. Capito Inhofe Scott (FL) The PRESIDING OFFICER. Under Cassidy Johnson Making matters worse, Texans are Shelby the previous order, the Senate will pro- Cornyn Kennedy Sullivan Cotton Lankford getting short-changed and carrying the Thune ceed to executive session and resume Cramer Lee weight of these shortfalls, as a so- Tillis consideration of the following nomina- Crapo Marshall Toomey called donor State. We get 92 cents tion, which the clerk will report. Cruz McConnell Tuberville back on every dollar we send to Wash- The senior assistant legislative clerk Daines Moran ington, DC. Ernst Murkowski Wicker read the nomination of Gary Gensler, Fischer Paul Young That is not the same treatment for of Maryland, to be a Member of the Se- every State. In fact, we receive a lower curities and Exchange Commission for ANSWERED ‘‘PRESENT’’—1 rate of return than every other State. a term expiring June 5, 2026. (Re- Burr If we want to have any long-term suc- appointment) NOT VOTING—1 cess in maintaining our roads and CLOTURE MOTION Scott (SC) bridges, we need to bring this funding The PRESIDING OFFICER. Pursuant formula up to speed as well. The PRESIDING OFFICER. The yeas to rule XXII, the Chair lays before the are 54, the nays are 44, and one Senator Unfortunately, the administration’s Senate the pending cloture motion, responded ‘‘present.’’ proposal fails to do that, and instead of which the clerk will state. The motion is agreed to. making any repairs to the highway The senior assistant legislative clerk f trust fund, it leans on damaging tax read as follows: hikes to pay for this broad range of un- CLOTURE MOTION LEGISLATIVE SESSION related policies. We, the undersigned Senators, in accord- The PRESIDING OFFICER. Under The President has, indeed, proposed ance with the provisions of rule XXII of the the previous order, the Senate will re- the largest set of tax hikes in more Standing Rules of the Senate, do hereby sume legislative session. than a half a century. Economics 101 move to bring to a close debate on the nomi- would teach you that tax increases nation of Executive Calendar No. 34, Gary f aren’t a clear and easy way to boost Gensler, of Maryland, to be a Member of the RECESS revenue, especially when your economy Securities and Exchange Commission for a The PRESIDING OFFICER. The Sen- is already on fragile footing. term expiring June 5, 2026. (Reappointment) Charles E. Schumer, Patrick J. Leahy, ate stands in recess until 4 p.m. I hope our friends on the other side of Richard J. Durbin, Christopher A. Thereupon, the Senate, at 2:56 p.m., the aisle will be willing to work with Coons, Jeff Merkley, Debbie Stabenow, recessed until 4 p.m. and reassembled us to pass a true infrastructure bill, Richard Blumenthal, Jacky Rosen, Mi- when called to order by the Presiding chael F. Bennet, Tammy Duckworth, one that will, first and foremost, im- Officer (Mr. BOOKER). prove roads, bridges, airports, and Amy Klobuchar, Jon Ossoff, Chris Van other critical projects all across the Hollen, Martin Heinrich, Mark R. War- f ner, Dianne Feinstein, Gary C. Peters, country. Kyrsten Sinema. COVID–19 HATE CRIMES ACT— Notably, we must find a responsible Continued The PRESIDING OFFICER. By unan- way to pay for this, but tax hikes are imous consent, the mandatory quorum The PRESIDING OFFICER. The Sen- not the answer. We have always had call has been waived. ator from Minnesota. this idea in the highway trust fund The question is, Is it the sense of the REMEMBERING WALTER FREDERICK MONDALE that user fees—the people that buy gas- Senate that debate on the nomination Ms. KLOBUCHAR. Mr. President, as oline and use the roadways—were the of Gary Gensler, of Maryland, to be a we await a very important moment for ones to pay for them, not pay for them Member of the Securities and Ex- justice in my State today. Our work out of general revenue. And I think we change Commission for a term expiring goes on. need to continue down this user-fee June 5, 2026, shall be brought to a I am here today, first of all, to ac- model, as opposed to deficit spending close? knowledge the loss of my mentor, Vice and adding to our debt. The yeas and nays are mandatory President Walter Mondale. He caught Again, in closing, let me just say, if under the rule. the Nation’s attention fighting for jus- our Democratic friends want to act in The clerk will call the roll. tice. So, it is such a moment. He a bipartisan way, there are people on The senior assistant legislative clerk worked on the forefront of the right to this side of the aisle, including me, called the roll. counsel in the landmark case Gideon v. that would be happy to sit down and Mr. THUNE. The following Senator is Wainwright. start talking. But, first of all, our necessarily absent: the Senator from He followed in the footsteps of Hu- Democratic colleagues must agree to South Carolina (Mr. SCOTT). bert Humphrey to arrive in the Senate. abandon their long wish list of unre- The yeas and nays resulted—yeas 54, He did great things passing civil rights lated partisan provisions. They can’t nays 44, as follows: legislation. work with us on an infrastructure bill [Rollcall Vote No. 156 Ex.] As Vice President, he defined the of- and then follow it with a reconciliation fice of the modern-day Vice President. bill that includes the kitchen sink. YEAS—54 Baldwin Carper Feinstein He was ‘‘Fritz’’ to us. He was our at- A bipartisan bill to rebuild our crum- Bennet Casey Gillibrand torney general, our Senator, and our bling roads and bridges is possible. We Blumenthal Collins Grassley Vice President, and I know he is up have done it before, and we can do it Booker Coons Hassan there right now rooting for justice. again. Brown Cortez Masto Heinrich Cantwell Duckworth Hickenlooper I am going to speak more about Wal- I yield the floor. Cardin Durbin Hirono ter Mondale next week. Senator SMITH,

VerDate Sep 11 2014 03:06 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.013 S20APPT1 dlhill on DSK120RN23PROD with SENATE S2052 CONGRESSIONAL RECORD — SENATE April 20, 2021 Senator GRASSLEY, and I have a resolu- Wright, and as we await the verdict in who supported the FIRST STEP Act, tion honoring him for his time in the the murder of George Floyd, we need described Ms. Gupta as ‘‘an honest Senate and for his time as Vice Presi- Ms. Gupta and Ms. CLARKE at the De- broker; someone with an ability not dent, which we will be presenting next partment of Justice to take on sys- only to understand, but also appre- week. temic police and criminal justice re- ciate, different perspectives. She was NOMINATIONS OF VANITA GUPTA AND LISA O. form. someone who sought consensus.’’ MONACO They are also the leaders that Attor- As I look at what my State has been Mr. President, now, in the name of ney General Garland wants at the De- through for the last year and as we justice and the idea that justice must partment, which I asked him about at await this verdict at this moment, that keep rolling along, I want to talk a lit- his nomination hearing. He said Vanita is exactly the kind of person we need at tle bit about some of the people we Gupta and Kristen Clarke ‘‘have skills the Department right now. And, if you need in place as we look to the future, that I do not have; they have experi- have any lingering questions, I say to as we look to the future of police re- ences that I do not have.’’ And he said: my colleagues, just take a look at the form and the work that you have done ‘‘No human being can have all of the number of law enforcement groups that as the lead on this bill, Mr. President, skills necessary to run the Justice De- have come out in support of her nomi- and the work we have to do. partment and I need this leadership nation. Just look at them. She is the To do that, we need a functioning team if I’m going to be successful.’’ right person for the job at the right Justice Department. We have an Attor- Attorney General Garland, who was time. ney General who is excellent in confirmed by a bipartisan vote of 76 to Then there is Kristen Clarke, nomi- Merrick Garland. We congratulate Lisa 23, needs his team to be successful. nated to be Assistant Attorney General Monaco, who is expected to be con- That is something all of us should to lead the Civil Rights Division at the firmed later today with a strong bipar- want. Department of Justice. Ms. Clarke has tisan vote. After what we saw during the pre- spent her entire 20-year career fighting But we need more. We need the pres- vious administration, it is essential for civil rights and equal justice under ence of true leaders in the Justice De- that the leaders of the Justice Depart- the law. partment. We need to see Kristen ment are committed to its independ- Early in her career, she worked as an Clarke and Vanita Gupta confirmed. ence in order to restore trust in our attorney in the Criminal Section of the Walter Mondale was someone who al- justice system. This is a priority for Civil Rights Division at the Justice De- ways raised the bar. He was someone the Attorney General, and it is a pri- partment, for the Bush Administra- who was ahead of his time. When he in- ority for Vanita Gupta and Kristen tion. She investigated and prosecuted troduced housing legislation and Clarke. hate crimes and human trafficking. Vanita Gupta has demonstrated her childcare legislation, a lot of people She also worked in the Division’s vot- commitment to the pursuit of justice said: Oh, why are you doing that right ing section. for her entire career. As an attorney now? Since 2016, she has been the president for the NAACP Legal Defense and Edu- I think that is a little bit like the ex- and executive director of the Lawyers’ cational Fund, she worked on the perience of these two women, ahead of Committee for Civil Rights Under Law, frontlines fighting in court to protect their time, doing the right thing, one of the country’s largest and most the civil rights of some of the most speaking of raising the bar. important civil rights organizations, vulnerable people. We know that when many of the Later, at the American Civil Lib- dedicated to the pursuit of equal jus- women of the Senate come to the floor, erties Union, she brought cases on be- tice for all. It is important to note the something important is going on. And half of immigrant children and worked history of the Lawyers’ Committee, given the challenges our States face to end mass incarceration while keep- which was created at the request of today, the stakes are high. ing communities safe. President John F. Kennedy in the sum- So today we make the case for While serving as our country’s chief mer of 1963, perhaps the defining year Vanita Gupta and Kristen Clarke, and civil rights prosecutor at the Depart- of the civil rights movement. This is an we address the unfair and unsubstan- ment of Justice during the Obama ad- organization of attorneys founded to tiated attacks we have heard from the ministration, Ms. Gupta led critical organize their peers to use their train- other side of the aisle against these work on criminal justice reform, pros- ing to advance civil rights for all eminently qualified women. I have ecuting hate crimes and human traf- Americans. Isn’t that just who we want worked closely with Ms. Gupta and Ms. ficking, defending the right to vote, leading the Civil Rights Division at the Clarke for many years, and I am con- and protecting the rights of the Department of Justice? fident they will lead the Department of LGBTQ community and those with dis- I have worked with Ms. Clarke for Justice with honor and integrity. abilities. many years on election issues. She tes- Their nominations also represent the As president of the Leadership Con- tified before the Rules Committee and historic opportunity to make progress ference on Civil and Human Rights, the impressed everyone on both sides of the toward the goal of ensuring that the Nation’s oldest, largest, and most di- aisle. government looks more like the people verse civil and human rights coalition, At that time, she said that following it represents, especially at the Depart- Ms. Gupta has a record of fighting for the direction of many, she is going to ment of Justice. When we confirm Ms. all Americans with dedication and a work to ensure ‘‘that the Civil Rights Gupta, she will be the first civil rights willingness to work across ideological Division . . . is using the tools in its lawyer and the first woman of color to lines to achieve results. arsenal’’—and she said that now as she serve as the Associate Attorney Gen- Ms. Gupta’s depth of experience at has been nominated for this position— eral. And when we confirm Ms. Clarke, the Department of Justice and her ‘‘the Voting Rights Act, the National she will be the first Senate-confirmed years as a civil rights attorney make Voter Registration Act, the Uniformed leader of the Civil Rights Division to her eminently qualified to serve as As- and Overseas Absentee Citizens Voting be a woman of color. sociate Attorney General. Act—to ensure that eligible Americans They will bring years of experience And I have seen—as I know you have, have access to the ballot in our coun- to bear to take on the challenges we Mr. President—her work firsthand. I try.’’ have right now, like hate crimes, on was one of the cosponsors of the FIRST She also mentioned that she was here which we are taking action this week STEP Act, which made much needed in the Senate Chamber in 2006, when in the Senate; like voting rights, on reforms, a bill that you spent so much this body passed the reauthorization of which we just had a hearing today in leadership on. And Ms. Gupta worked the Voting Rights Act—on what the Judiciary Committee, and in just a with us, as she brought a broad range vote?—98 to 0. That is why she has sup- few weeks we will be marking up the of organizations and experts in support port from Republicans and Democrats For the People Act in the Rules Com- of the bill, including both law enforce- who work on these issues. mittee, which I chair. ment and civil liberties groups. Trevor Potter, who previously As my State and my country are Grover Norquist, a Republican and chaired the FEC as a Republican Com- reeling after the killing of Daunte president of Americans for Tax Reform, missioner, called Ms. Clarke ‘‘one of

VerDate Sep 11 2014 03:06 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.022 S20APPT1 dlhill on DSK120RN23PROD with SENATE April 20, 2021 CONGRESSIONAL RECORD — SENATE S2053 the foremost legal experts in the coun- By the end of the Trump administra- Conference on Civil and Human Rights try on voting rights’’ and described her tion, the Justice Department’s reputa- where, among other things, she played as ‘‘smart, honest, and deeply com- tion was tarnished and the morale of a key role in passing the most signifi- mitted to equal justice under law.’’ its employees was lower than at any cant criminal justice reform package Tray Grayson, former Secretary of point since Watergate. in years. State from Kentucky, who is a Repub- Thankfully, President Biden has Ms. Gupta’s qualifications are borne lican and served as chairperson of the named a professional, highly qualified out in this experience and in the wide- Republican Association of Secretaries team to lead the Justice Department spread support that she has received. of State, sent a letter expressing his and to restore its place of prominence Conservative leaders and longtime Re- strong support of Ms. Clarke. and moral authority in following the publicans like Michael Chertoff, Grover And we have also heard from former rule of law. Norquist, and Michael Steele have Assistant Attorneys General of the It is significant that the Senate con- praised Ms. Gupta as a consensus build- Civil Rights Division who served in firmed Merrick Garland as Attorney er on critical issues like voting rights both Republican and Democratic ad- General and will shortly confirm Lisa and criminal justice reform. ministrations, who wrote: Monaco as Deputy Attorney General Every major law enforcement organi- We found Ms. Clarke to be an excellent with strong bipartisan support. zation, including the Fraternal Order candidate from the standpoint of experience, I am disappointed that Vanita Gupta, of Police and National Sheriffs’ Asso- temperament and commitment to the rule of a similarly well-qualified nominee, is ciation, has endorsed Ms. Gupta’s nom- law. She has the experience, the commit- not receiving the same bipartisan sup- ination. ment and the passion to do this job. port. In light of this widespread support, it I am joined by a number of our col- A few weeks ago, I sat in the Judici- is tough to take the criticisms I hear leagues today. Senator STABENOW was ary Committee for nearly 2 hours, lis- from my colleagues on the other side here earlier. Senator HIRONO is with us tening to my Republican colleagues seriously. If Ms. Gupta supported on the floor to stand up for Ms. Gupta smear Ms. Gupta with lies about her defunding the police or decriminalizing and Ms. Clarke and to reject the false- record—lies like that she wants to de- all drugs, how did she manage to get hoods we have heard from our col- criminalize all drugs, that she wants to universal support from the law enforce- leagues on the other side. But we are defund the police, that she is somehow ment community? If she is such a rad- also here to make the case for why we responsible for the production of crys- ical progressive, why are people like must seize this historic opportunity to tal meth in Mexico. Grover Norquist and the former gen- When Chair DURBIN finally called for send two women of color to lead the eral counsel and senior vice president a vote, not a single Republican sup- Justice Department. of Koch Industries endorsing her nomi- ported Ms. Gupta’s nomination. As I So at this pivotal moment we live in, nation? sat there listening to these lies and at this very moment, my message to Republican criticism of Ms. Gupta is smears, I asked myself a question, and my friends, Vanita and Kristen, today, also hard to take seriously after they I am still pondering that question is this: We have your backs, just as you spent the past 4 years—4 years, and I today: What exactly are Republicans have the backs of the people of this was there—pushing through some DOJ afraid of? country. and judicial nominees who were either Unlike many of President Trump’s wholly unqualified, openly supported Those jurors in Minnesota, they are nominees, Vanita Gupta is actually not talking to each other about if they disenfranchisement of Black Ameri- qualified to help lead the Justice De- cans, or were even credibly accused of are Democrats or Republicans. They partment. Throughout her career, Ms. have a job to do. The witnesses that sexual assault. Gupta has shown the strategic acumen, After 4 years of permissive deference came forward in that case, people who dogged determination, and coalition- just happened to be there—a store to Donald Trump, it is rich to hear my building skills necessary to navigate Republican colleagues attacking and clerk doing his job, a man who just the challenges facing our country. happened to walk by, the police offi- demeaning a strong, smart, and highly As a young attorney with the ACLU, qualified woman of color like Vanita cers who testified—they didn’t ask peo- she worked to exonerate 38 wrongfully ple what political party they were in. Gupta to serve in the Justice Depart- convicted men and women in Tulia, ment. Their attacks aren’t an exercise They just came forward. That is why I TX. Mostly people of color, these indi- ask my colleagues to step back and of the Senate’s constitutional duty to viduals had been convicted of drug provide advice and consent. It is pure think about what justice really means crimes based on the testimony of a sin- today and what it will mean tomorrow, partisan politics at its worst. gle undercover police officer and sen- President Biden nominated Vanita and ask them to support Ms. Gupta and tenced to prison for periods of up to 434 Gupta to serve as Associate Attorney Ms. Clarke to serve with Merrick Gar- years. General because she is the best person land and Lisa Monaco to run the De- Ms. Gupta was able to show that the for the job, and the Senate should con- partment of Justice. officer was racially biased and had a firm her without further delay. I yield the floor. reputation for dishonesty. She dem- I yield the floor. The PRESIDING OFFICER. The Sen- onstrated that he falsified reports and I suggest the absence of a quorum. ator from Hawaii. misidentified defendants. In light of The PRESIDING OFFICER. The Ms. HIRONO. Mr. President, I echo this evidence, the court found that the clerk will call the roll. the sentiments expressed by my col- officer ‘‘may be the most devious, non- The senior assistant legislative clerk league from Minnesota, and I rise responsive law enforcement witness proceeded to call the roll. today in support of the nomination of this Court has witnessed in 25 years on Ms. DUCKWORTH. Mr. President, I Vanita Gupta to be Associate Attorney the bench in Texas.’’ ask unanimous consent that the order General of the United States. Today, I The case was so compelling that for the quorum call be rescinded. am focusing my remarks on Ms. Gupta, then-Texas Governor Rick Perry par- The PRESIDING OFFICER. Without but I will have some words of support doned 35 of the defendants. It was such objection, it is so ordered. for Kristen Clarke later. a miscarriage of justice that those par- Ms. DUCKWORTH. Mr. President, For 4 years, Donald Trump treated doned individuals ultimately received a from police reform to anti-Asian hate the Justice Department like his per- $6 million settlement. crimes, Americans across the Nation sonal law firm. He ordered that the De- Ms. Gupta later went on to lead the are pushing, pulling, and tugging with partment’s attorneys drop charges or Justice Department Civil Rights Divi- all their might to make sure that the reduce sentencing recommendations sion. In this role, she stood up to the United States lives up to our founding against his friends and cronies. He or- rights of transgender students and pris- ideals of equality and justice for all. At dered investigations and prosecutions oners, fought discrimination against the same time, the Biden administra- against his political enemies. He even servicemembers, and defended the tion is charged with the immense re- had the Department step in to defend right to vote. sponsibility of restoring confidence and him against the defamation claim re- From there, Ms. Gupta served as integrity to the U.S. Department of lating to an allegation of rape. President and CEO of the Leadership Justice.

VerDate Sep 11 2014 03:06 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.023 S20APPT1 dlhill on DSK120RN23PROD with SENATE S2054 CONGRESSIONAL RECORD — SENATE April 20, 2021 Donald Trump’s political appointees Her decades of effective leadership demic, more people in Michigan voted undermined the Department’s mission and advocacy are why her nomination than ever voted in the history of our and demoralized its dedicated career has garnered widespread support not State. When audits were done, time civil servants through years of gross only from civil rights groups but also after time after time, it was clear there mismanagement and improper from prominent law enforcement orga- was no fraud—no fraud that they found politicization. We desperately need nizations like the Fraternal Order of in this election. leaders with integrity, honor, and just Police. Mr. President, 5.5 million people in basic competence to restore morale at Likewise, Ms. Clarke is widely re- Michigan voted. Michigan counties the Department of Justice and em- spected and admired as one of our verified it. Our State certified it. That power the Agency to meet the moment. country’s leading legal experts on civil should be something we should all cele- Fortunately, I am confident that rights. She has proven her effectiveness brate. But because they didn’t like who both Vanita Gupta and Kristen Clarke in defending the civil rights of all folks voted for, they didn’t like the re- are among the most qualified and pre- Americans as a Federal and State offi- sults, Michigan Republicans are com- pared public servants to take on the cial, as well as a leader of the NAACP, ing after Michigan voters to take away daunting challenges that lie ahead. and, most recently, as the president of their freedom to vote. For far too many people in this coun- the national Lawyers’ Committee for Michigan voters need Vanita Gupta try, equal protection under the law is Civil Rights Under Law. in their corner because it is a corner not a reality. All across this country, Representation matters. Confirming that she has been in before. During her there are communities that believe— these barrier-breaking women, who time at the Department of Justice, she and for good reason—that the law is would both be the first women of color oversaw a number of high-profile vot- not on their side. Individuals fear com- to formally occupy the positions to ing rights cases, including challenges ing forward to report that they have which they have been nominated, sends to voter suppression laws in North been a victim of a hate crime, or, even a clear message we are committed to Carolina and Texas. worse, law enforcement fails to iden- having our Federal Government’s lead- She has also been a leader in fighting tify and report racist violence and dis- ership look like the country that it discrimination. Across the country, we crimination. serves. have seen increasing instances of hate And the senseless killing of unarmed There should be no doubts about crimes, particularly those targeting Black and Brown Americans at the these nominees’ qualifications for Asian Americans. According to the hands of law enforcement has become these critical DOJ leadership positions, group Stop AAPI Hate, there have been an all-too-common occurrence. Just a and I urge my Senate colleagues in about 3,800 incidents of Asian Ameri- few days ago, the country was shocked joining me to confirm Vanita Gupta cans being targeted in the past year. by video footage documenting local law and Kristen Clarke. Twenty-five of those incidents hap- I suggest the absence of a quorum. enforcement officers brazenly threat- The PRESIDING OFFICER. The pened in Michigan. I know that Asian ening and assaulting an Army second clerk will call the roll. Americans across our country are liv- lieutenant who was in his military uni- The senior assistant legislative clerk ing in fear right now, wondering if it is form and simply asking to know why proceeded to call the roll. safe to go to the grocery store or if he had been pulled over. Ms. STABENOW. Mr. President, I ask they need to tell their elderly mom or If this is how the Windsor Police De- unanimous consent that the order for dad not to walk alone outside. partment, while knowing it is being the quorum call be rescinded. We have an important hate crimes videotaped, treats an Army officer in The PRESIDING OFFICER. Without bill on the floor of the U.S. Senate uniform—a man who swore an oath to objection, it is so ordered. right now. It has bipartisan support. It support and defend the Constitution of Ms. STABENOW. Mr. President, I is terrific, and we need to get that the United States with his own life, if rise today alongside my colleagues to passed. But in order to make sure we necessary—one wonders if such mis- urge the Senate to quickly confirm fully implement that and have the conduct represents a systemic pattern Vanita Gupta as Associate Attorney leadership in the Department to do or practice of abuse. This incident sim- General. Ms. Gupta is eminently quali- that, we need to make sure Vanita ply reinforces why our Nation must fied, with an impressive background in Gupta is confirmed. Under Ms. Gupta, have a strong and proactive DOJ Civil public service and broad support from hate crimes and discrimination will be Rights Division. civil rights organizations and law en- taken seriously at the Department of Additionally, the promise of the ADA forcement organizations. It is pretty Justice. We know this because it is is still not a reality for far too many impressive when you look at everyone what she has done her entire career. Americans with disabilities. After who is supporting her because of her Vanita Gupta would be the first civil years of disability rights being ne- competency and her work. rights lawyer and the first woman of glected or, at worst, undermined by She will be effective on day one, and color to serve as Associate Attorney partisan efforts, it is time for the DOJ we don’t have a good day to lose right General. That is important because to step up and ensure that the rights of now. Right now, Americans are at risk when agencies’ leaders have diverse ex- Americans with disabilities are fully of losing their fundamental rights—our periences and backgrounds, agencies recognized, enforced, and protected. right to vote, our right to be treated are better able to make more informed I look forward to working with fairly in a court of law, and even our decisions. They make sense. And when Kristen Clarke and Vanita Gupta to right to safely walk down the street our Nation’s leaders look like the di- fulfill the promise that America made and not be targeted based on what we verse communities they serve, our to people with disabilities, including look like, who we are. It is the job of communities are more likely to have myself, over 30 years ago. the Department of Justice to protect confidence in their leadership. We need Ms. Gupta and Ms. Clarke’s these rights and so much more. Vanita Gupta is the right person at leadership at DOJ to energize and in- Take voting rights. Across our Na- the right time for the Department of spire the Department as it refocuses on tion, this right, called ‘‘sacred’’ by our Justice. I urge my colleagues to sup- its mission of ensuring the fair and im- beloved late Congressman John Lewis, port her nomination and to confirm her partial administration of justice for all is under attack. It is under attack in together on the floor of the U.S. Sen- Americans. Michigan, as well as other States, as ate. As a former head of the U.S. Depart- well as the entire country. Republicans I yield the floor. ment of Justice Civil Rights Division in the Michigan Legislature are trying The PRESIDING OFFICER. The ma- and leader of the Leadership Con- to push through a package of bills that jority whip. ference on Civil and Human Rights, would take away people’s freedom to Mr. DURBIN. Mr. President, I under- which is one of the largest civil rights vote. Our secretary of state has said stand a couple of my colleagues are on organizations in the Nation, Ms. that in some ways, it is worse than the way. I will defer to them when they Gupta’s record shows that she is com- what they passed in Georgia. arrive. But I want to thank, first, Sen- mitted to advancing the rights of all Let me remind everyone that last ator STABENOW for her statement about Americans. November, in the middle of a pan- Vanita Gupta.

VerDate Sep 11 2014 03:06 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.019 S20APPT1 dlhill on DSK120RN23PROD with SENATE April 20, 2021 CONGRESSIONAL RECORD — SENATE S2055 This is an extraordinary person. The security threats, including pandemics, Attorney General Garland has Presiding Officer, as a member of the terrorism, mass shootings, and cyber praised Ms. Monaco’s selection as the Senate Judiciary Committee, was there attacks. next Deputy Attorney General. He told for her testimony and knows her per- Our Nation is facing serious chal- us in the Judiciary Committee that he sonally, and I have come to know her. lenges today: the COVID–19 pandemic; needed her on his leadership team at When you read and learn of her per- a gun violence pandemic; a surge in the Department, and so does the Na- sonal story, it is amazing, nothing hate crimes; domestic violence extre- tion. I look forward to voting for Ms. short of amazing. mism, which culminated in an assault Monaco and urge all of my colleagues She was 6 months graduated from on the U.S. Capitol and this very to do the same. law school when she was sent down to Chamber just a few short weeks ago; ANNIVERSARY OF OKLAHOMA CITY BOMBING Texas, a town called Tulia, TX, to and global threats and challenges from Mr. President, it was an idyllic tackle an assignment that a veteran Russia, China, and elsewhere. Ms. spring morning in Oklahoma City 26 civil rights lawyer would have thought Monaco’s experience responding to se- years ago. Downtown, the Alfred P. twice about tackling. There was a curity threats has prepared her to Murrah Building was bustling with ac- group of over 30 African Americans oversee DOJ’s operations at this crit- tivity as people went about their morn- who had been falsely accused of drug ical moment in history. ing routines. Parents dropped off their dealing and convicted and were impris- But it is not only Ms. Monaco’s na- children at the daycare center on the oned when she was sent down there to tional security expertise that makes second floor, office workers sat at their try to do something after their convic- her the right person for this role. After desks, with fresh mugs of coffee in tion. It is an incredible story, the cour- President Trump used the Justice De- hand—and parked under the building age she showed 6 months out of law partment to serve his own personal and was a truck containing nearly 7,000 school, and she ultimately was success- political agenda, we need to restore a pounds of explosive materials. ful. Those African Americans and oth- well-functioning, independent Depart- At 9:02, the truck exploded, killing ers were pardoned by the Republican ment, committed to the principle of more than 165 people and injuring hun- Governor of Texas, Governor Perry. equal justice under the law. It is just dreds more. Oklahoma City and Amer- They were given a cash award for dam- that basic. ica would be forever scarred by the ages they had suffered as a result of it. Ms. Monaco understands the impor- bombing. It was the deadliest act of Her commitment to civil rights is tance of protecting DOJ’s independ- homegrown terrorism in modern Amer- more than just a cerebral commitment; ence. She has praised two of her men- ican history. For most people, that it is a commitment where she has tors, Attorney General Janet Reno and day—April 19, 1995—is a somber day in risked many times her personal safety FBI Director Bob Mueller, for their our history, but for some, it was an to show how much she cared for the ‘‘reverence for the institution, for up- opening salvo in a war against Amer- rights of others. holding the norms and traditions of ica. Thank you for saying those kind independence and of doing justice with- More than a quarter century after words about her. I am hoping that the out fear or fervor, and never, ever let- the Oklahoma City bombing, the Senate will give her a chance to con- ting politics or partisanship influence threat of violent extremism looms tinue to serve our Nation. an investigation or prosecution deci- larger than ever before. Recently, the NOMINATION OF LISA O. MONACO sion.’’ Department of Homeland Security Mr. President, I would like to speak She committed to me that she would warned that violent, White supremacy now, if I can, to a vote that is coming have the same reverence. That is pre- is now the ‘‘most persistent and lethal up momentarily, and that is the vote cisely the attitude we need to restore threat in the homeland.’’ for Lisa Monaco to be the next Deputy the Justice Department’s integrity. Among the hundreds of Americans Attorney General. It is no surprise, then, that individ- arrested for suspected ties to violent The Deputy Attorney General—com- uals from across the political spectrum White supremacy in recent years, a monly known as the DAG—is the sec- support Ms. Monaco’s nomination. The common theme has emerged: The FBI ond highest ranking official in the Jus- Judiciary Committee received scores of has uncovered references to Timothy tice Department. The DAG is effec- letters from a broad range of advocacy McVeigh and his attack on Oklahoma tively the DOJ’s chief operating offi- groups: the Alliance for Justice, gun City in ‘‘several’’ of these investiga- cer, overseeing the Department’s day- safety organizations, law enforcement tions. In the eyes of far-right extrem- to-day operations. groups, environmental organizations, ists, McVeigh’s attack on Oklahoma Lisa Monaco may be the most quali- victims and survivors of crime, and so City is a lodestar, and like McVeigh, fied individual ever nominated to be many more. many of the violent extremists active Deputy Attorney General. That is say- We also received a letter supporting today are motivated by baseless, anti- ing something, but I think we can back Ms. Monaco’s nomination from 29 government conspiracy theories, con- it up. Her credentials include a wealth former senior DOJ officials who have spiracy theories like the ‘‘Big Lie,’’ of experience, her commitment to re- served under Presidents of both par- which inspired a mob of extremists to storing independence and integrity at ties, including Attorneys General Lo- storm the Capitol on January 6. the Justice Department, and the broad, retta Lynch and Eric Holder, who More than 400 people are facing Fed- broad range of support she has gar- served in the Obama administration, eral charges for their involvement in nered. and Attorneys General Michael the January 6 insurrection. Last week, Let me begin with her experience. Mukasey and Alberto Gonzales, who we received word of the first guilty She has served at nearly every level of served in the George W. Bush adminis- plea in that case. The defendant, who the Justice Department. She knows tration. She has that kind of bipartisan has agreed to fully cooperate with the that Agency, and she knows what it support. Federal Government, is a founding can do. She was an assistant U.S. at- Those DOJ officials wrote of Ms. member of the Oath Keepers, a far- torney, counselor and chief of staff to Monaco: ‘‘She has the values, tempera- right extremist group that helped plot the Director of the FBI, Associate Dep- ment and strength to perform at the the insurrection. uty Attorney General, Principal Asso- highest level of the Department.’’ The defendant’s affiliation with the ciate Deputy Attorney General, and They went on to say: ‘‘Each of us Oath Keepers highlights an important the Assistant Attorney General for the knows how demanding this job is, with distinction between the extremists of National Security Division. its extraordinary span of control and yesterday, like Timothy McVeigh, and She is also one of the Nation’s fore- the need for strong principled leader- the extremists of today. Today, violent most national security experts. That is ship. We believe that Ms. Monaco is White supremacists are not only ped- when I first met her, working in the highly qualified for this role. She dling debunked conspiracy theories or Obama White House. As President knows the Department from every disproven race science; they are orga- Obama’s Deputy National Security Ad- angle. She understands the job. And nizing online, on radical platforms like visor, Ms. Monaco coordinated the Fed- she has prepared well for it. We urge 8chan and Parler, and coordinating at- eral Government’s response to major her confirmation.’’ tacks under the cover of anonymity.

VerDate Sep 11 2014 03:06 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20AP6.020 S20APPT1 dlhill on DSK120RN23PROD with SENATE S2056 CONGRESSIONAL RECORD — SENATE April 20, 2021 Worse yet, these radicals have easy ac- the spread of the kind of hate that forcing consent decrees, she made sure cess to high-grade military weapons de- leads to tragedies like the one we mark the Obama administration did the job. signed for one purpose: human slaugh- here today.’’ Now, why is this so important? I can ter. The question for us here in the Sen- tell you, in Seattle, we had a Native- The extremists of today are galva- ate is, Will we help Attorney General American carver who happened to stop nized. They are organized. And they Garland lead the charge against the carving on one corner to walk to an- are deadly. We must equip our law en- largest threat we face today? Will we other corner and was shot and killed by forcement officials and intelligence work together to save future lives a police officer because he didn’t re- agencies with new, modernized re- against attacks like the Oklahoma spond immediately to ‘‘Drop your sources to combat the growing threat City bombing? knife.’’ I am so glad the Federal Gov- of violent White supremacy. In Attorney General Garland, we ernment was there to say what is going There are a number of steps we can have a leader who is committed to on in Seattle with the police depart- take to weed out the threat of domes- weeding out the threat of domestic ter- ment and overseeing on a consent de- tic terrorism. This week, the Senate is rorism. Are there enough leaders in the cree. We had a tragic situation in Spo- considering one such step: the COVID– Senate who are willing to do the same? kane where a disabled man just went in 19 Hate Crimes Act. It would direct I sure hope so. I hope they will join me to buy a soft drink and snacks, but be- Federal resources toward addressing in taking immediate, meaningful ac- cause somebody thought he was fooling the rise in hate crimes against mem- tion to combat the crisis of violent ex- around with the ATM machine, they bers of the Asian-American and Pacific tremism. called the police. And when the police Islander, AAPI, community. This legis- I yield the floor. arrived and he didn’t respond imme- lation must be passed immediately. Mr. DURBIN. I suggest the absence of diately, he was brutally beaten in the Nearly 3,800 hate incidents against a quorum. head with a baton, tasered, improperly members of the AAPI community have The PRESIDING OFFICER. The hogtied to the ground, and stopped been reported between March of last clerk will call the roll. breathing shortly after first responders year and February of this year. The senior assistant legislative clerk improperly strapping a non-rebreather We also will consider Senator proceeded to call the roll. mask to his face. That was Otto BLUMENTHAL and Senator MORAN’s NO Ms. CANTWELL. Mr. President, I ask Zehm’s afternoon activity, to just go HATE Act, which has been added as an unanimous consent that the order for to the store. As he lay there dying, he amendment to the bill to improve hate the quorum call be rescinded. said, ‘‘All I wanted was a Snickers.’’ And thank God we had a Civil Rights crimes reporting. In addition to that The PRESIDING OFFICER. Without Division at the U.S. Department of legislation, there are more comprehen- objection, it is so ordered. Justice that said, yes, we are going to sive steps we can take to address the NOMINATIONS OF VANITA GUPTA AND KRISTEN intervene and make sure that there is broader threat of domestic terrorism. CLARKE oversight of the Seattle Police Depart- In March, I reintroduced the Domestic Ms. CANTWELL. Mr. President, I ment and an investigation, and we are Terrorism Prevention Act. It will en- come to the floor this afternoon to sup- going to make sure that the civil lib- hance the Federal Government’s abil- port the nominations of Vanita Gupta and Kristen Clarke to serve in the lead- erties of all Americans—all Americans, ity to prevent acts of extremist vio- whether you are White, Black, or dis- lence. By establishing dedicated offices ership of the U.S. Department of Jus- tice, and I am here, Mr. President, to abled, or Native American—your civil to combat domestic terrorism at the rights are going to be upheld. But in- say that just because you are pro-civil Department of Justice, the FBI, and stead of discussing what is the proper rights does not mean that you are the Department of Homeland Security, role of the Federal Government in somehow anti-police. To be for a De- the Domestic Terrorism Prevention making sure that civil liberties and partment of Justice that will help us Act will bring the Federal Govern- civil rights of all Americans are upheld make the right decisions in enforcing ment’s efforts to weed out violent when their rights are violated—in- civil rights laws around the United White supremacy into the 21st century. stead, people have said, Well, Ms. States is what is at stake with these Congress must also take steps to Gupta supports decriminalization of all nominations. I personally am tired of limit access to the weapons of war fa- drugs. vored by violent extremists. This is a the challenges that we have faced at Well, from a State that has actually no-brainer. The House recently passed home when we do not have people being passed legislation legalizing the rec- a bipartisan bill to close existing gaps held accountable and we have incident reational use of marijuana, I guarantee in the background checks system. I after incident. And the last administra- you, my State views some of these certainly hope we can find 10 Repub- tion said, instead of playing our role on issues very differently. But I can say, lican votes to overcome a filibuster consent decrees and making sure fed- emphatically, Ms. Gupta has stated and get that signed into law. Let me be eral civil rights laws are enforced, in- consistently she does not support the clear: Background checks are table stead they said, ‘‘We’re going to stop decriminalization of all drugs—nor do stakes for combatting the public playing that role.’’ the people of Washington, just because health crisis that is gun violence in So it is so important that we get a they voted to legal marijuana. America. We are just 4 months into Department of Justice that will fight Ms. Gupta does not claim that all 2021, and already there have been more for the civil rights and civil liberties of drugs should be legal, and she does not than 150 mass shootings in our country. all Americans. Both these women are adhere to the statements that some It is time to put politics aside and save highly qualified. They have defended people have tried to paint her with. American lives. our constitution. They have defended You have to ask yourself, What are As chair of the Senate Judiciary the civil rights of all Americans, and they afraid of? What are they afraid Committee, I was honored to gavel in they will ensure that everyone, includ- that she is going to do at the Depart- the confirmation hearing for the man ing the police, are held accountable. ment of Justice besides uphold our who led the government’s investigation We have probably heard this afternoon civil liberties? Some of my colleagues into the Oklahoma City bombing: At- my colleagues praising Vanita Gupta have argued that she supports torney General Merrick Garland. Yes- and supporting her to serve as Asso- defunding the police. There is zero terday, with a slightly greyer head of ciate Attorney General, the third high- proof that she supports defunding the hair and the full authority of the Jus- est position in the U.S. Department of police. I don’t know why we keep hav- tice Department behind him, Attorney Justice. She is very qualified for the ing this debate, but she has worked and General Garland returned to the site of position. She will be the first civil understands the police officers’ per- the bombing. He promised the residents rights lawyer and woman of color to spective. She has worked to ensure of Oklahoma City that ‘‘the Depart- serve in this role. She led the Civil that they were provided with adequate ment of Justice is pouring its resources Rights Division during the Obama ad- resources. She has worked on building into stopping domestic violent extrem- ministration and previously served as relationships. She has a comprehensive ists before they can attack . . . pros- an attorney with the American Civil approach to law enforcement and sup- ecuting those who do . . . and battling Liberties Union. When it came to en- port from their organizations. And I

VerDate Sep 11 2014 03:06 Apr 21, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A20AP6.003 S20APPT1 dlhill on DSK120RN23PROD with SENATE April 20, 2021 CONGRESSIONAL RECORD — SENATE S2057 believe she deserves the support of our me that these programs that help fami- Ms. CANTWELL. I ask for the yeas colleagues. lies and communities identify these and nays. In a letter to the Senate Judiciary problems early are actually the best The PRESIDING OFFICER. Is there a Committee, the Fraternal Order of Po- things to keep them from having to sufficient second? lice described Ms. Gupta as one who really have problems later. I certainly There appears to be a sufficient sec- ‘‘always worked with us to find com- hope that some of the false claims that ond. mon ground, even when that seemed people have made about Ms. Clarke The clerk will call the roll. impossible.’’ So it is clear that she has being anti-police are also continued to The bill clerk called the roll. the support of police. So we need some- be struck down as untrue. The result was announced—yeas 54, one like her who is going to bring back Ms. Clarke understands law enforce- nays 45, as follows: this important role of oversight to ment must collaborate with the State, [Rollcall Vote No. 157 Ex.] local, and Federal level. She has a solid these important issues. YEAS—54 Ms. Clarke is the same. She is nomi- record of working cooperatively with law enforcement for decades. She is Baldwin Heinrich Peters nated to head the Civil Rights Division Bennet Hickenlooper Reed where she once worked as a trial law- supported by the Major Cities Chief As- Blumenthal Hirono Rosen yer. She previously codirected the vot- sociation, the National Association of Booker Kaine Rounds ing rights work of the NAACP Legal Black Law Executives, a bipartisan Brown Kelly Sanders group of over 70 former State attorneys Cantwell King Schatz Defense and Education Fund, led the Cardin Klobuchar Schumer Civil Rights Bureau in the New York general, and more than 40 police chiefs Carper Leahy Shaheen State Attorney General’s office, and and sheriffs throughout the United Casey Luja´ n Sinema has served as the president of the Law- States. That can’t be somebody who Collins Lummis Smith sounds anti-law enforcement. They Coons Manchin Stabenow yers Committee on Civil Rights Under Cortez Masto Markey Tester the Law. I have called her; I have inter- have the support of law enforcement. Duckworth Menendez Van Hollen What we need is the support of our viewed her. Why? Because I am tired of Durbin Merkley Warner colleagues to say that these are serious Feinstein Murphy Warnock the violence and hate crimes in the issues and the Federal Government Gillibrand Murray Warren State of Washington. I am tired of Grassley Ossoff Whitehouse does play a role. That is why it is hearing, time and time again, about Hassan Padilla Wyden called the Department of Justice, and these issues. And it can be the syna- that is why they oversee and make NAYS—45 gogue in Spokane, where literally sure that the civil liberties of all Barrasso Graham Portman somebody spray-painted it. And you Americans are upheld. As attorney Blackburn Hagerty Risch would think, Well, how are we going to Blunt Hawley Romney general and at the Lawyers Committee, Boozman Hoeven Rubio find who spray-painted a swastika on a Ms. Clarke played a key role in launch- Braun Hyde-Smith Sasse synagogue in Spokane? You think, How ing a Religious Rights Initiative to ad- Capito Inhofe Scott (FL) are we going to find that person? Okay. dress faith-based discrimination to Cassidy Johnson Scott (SC) Not a lot of trouble because people ac- Cornyn Kennedy Shelby fight anti-Semitic activities. When Ms. Cotton Lankford Sullivan tually said, We did it purposely because Clarke led the Lawyers Committee, she Cramer Lee Thune we are an organization who believes in led the charge in shutting down abhor- Crapo Marshall Tillis this, and we wanted to get our message Cruz McConnell Toomey rent anti-Semitic websites that made Daines Moran Tuberville out. That is what we’re facing. racist comments, and some were in Ernst Murkowski Wicker And several years ago, we found a connection with stormfront.org, which Fischer Paul Young bomb planted in the Martin Luther was a central site used to organize the ANSWERED ‘‘PRESENT’’—1 King Day Parade in Spokane, just a 2017 Unite the Right rally in Char- Burr few years ago. So these aren’t issues lottesville. that we are sending somebody over to She recognized that online hate is an The nomination was confirmed. the Department of Justice to analyze emerging threat and that Congress f and write a report on. We are asking must address that threat. After seeing people to help us with the situation in what happened on January 6 and the EXECUTIVE CALENDAR the United States of America to fight plethora of anti-Semitic paraphernalia The PRESIDING OFFICER. Under hate crimes and to bring about justice presented here even in the Capitol as the previous order, the Senate will re- on the civil rights and civil liberties of we saw riots, Ms. Clarke’s expertise sume consideration of the following all Americans. And so we have to have and dedication to fighting online hate nomination, which the clerk will re- people that we have confidence that would be extremely beneficial to the port. they are going to uphold our laws and Department and to all Americans. The senior assistant legislative clerk enforce them. So I implore my colleagues, these are read the nomination of Lisa O. Monaco, We need to have consent decrees to strong women, great qualifications, of the District of Columbia, to be Dep- hold police departments accountable have been in the mix on these policy uty Attorney General. for systematic violations of constitu- issues for a long time. They know what The PRESIDING OFFICER. Under tional rights. We need to defend voting we are up against. We have to ask our- the previous order, all postcloture time rights and to make sure that hate selves, Are we going to enforce the is expired. crimes against Asian-American and Pa- law? These women will enforce the law, The question is, Will the Senate ad- cific Islanders are prosecuted. And so and they have the support of law en- vise and consent to the Monaco nomi- this is why the nomination of Ms. forcement. We should proceed and con- nation? firm both of them. Clarke is so important. I ask my col- Mr. MENENDEZ. I ask for the yeas I yield the floor. leagues on the other side of the aisle, if and nays. you are facing any of this in your f The PRESIDING OFFICER. Is there a State, please get Kristen Clarke to be EXECUTIVE SESSION sufficient second? there to help us address these issues. There appears to be a sufficient sec- Advocating for increased investment --- ond. in mental health and social work and EXECUTIVE CALENDAR The clerk will call the roll. school resources for minority commu- The PRESIDING OFFICER (Mr. MAR- The senior assistant legislative clerk nities is something that law enforce- KEY). Under the previous order, the called the roll. ment agrees with. They agree that we Senate will resume executive session in The result was announced—yeas 98, should do these things. So that is not consideration of the Gensler nomina- nays 2, as follows: defunding the police; yet people accuse tion. [Rollcall Vote No. 158 Ex.] Kristen Clarke of the same thing. She All time has expired. must be for defunding the police. I have The question is, Will the Senate ad- YEAS—98 talked to prosecutors throughout the vise and consent to the Gensler nomi- Baldwin Bennet Blumenthal Barrasso Blackburn Blunt State of Washington, and they will tell nation?

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