S1442 CONGRESSIONAL RECORD — SENATE March 3, 2008 their country for so long. Free trade warrantless wiretapping program, the would hold a hearing less than 2 weeks would be an excellent way for our untoward political influence of the later, before Congress adjourned for the country to help them build their econ- White House at the Department of Jus- year, immediately upon receiving the omy and keep their democracy alive tice, and the secret legal memos excus- necessary background materials from and stable. ing all manner of excess. the White House. The committee So I say thank the Senator from Ten- This crisis of leadership has taken a moved as expeditiously as possible and nessee for talking about that issue, heavy toll on the tradition of independ- we reported out Judge Filip’s nomina- which is very appropriate at this par- ence that has long guided the Justice tion at our first executive business ticular time. Department and provided it with safe meeting of the 2008 session. What is being ignored by the Presi- f harbor from political interference. It shook the confidence of the American dent and Senate Republicans as they EXECUTIVE SESSION people. Through bipartisan efforts play to a vocal segment of their Repub- among those from both sides of the lican base is that we have worked hard to make progress and restore the lead- EXECUTIVE CALENDAR aisle who care about Federal law en- forcement and the Department of Jus- ership of the Department of Justice. In Mr. REID. Mr. President, I ask unan- tice, we joined together to press for ac- the last few months, we have confirmed imous consent that the Senate proceed countability that resulted in a change a new Attorney General, and held hear- to executive session to consider Cal- in leadership at the Department, with ings for the number two and number endar No. 439, the nomination of Mark the resignations of the Attorney Gen- three positions at the Department of Filip; that the nomination be con- eral and many high-ranking Depart- Justice, as well as for several other firmed, and the motion to reconsider be ment officials—including then-Deputy high-ranking Justice Department laid upon the table; that any state- Attorney General Paul McNulty, whose spots. ments relating to the nomination be successor we consider today. It is vital that we ensure that we printed in the RECORD; that the Presi- The tired, partisan accusations the have a functioning, independent Jus- dent be immediately notified of the President engaged in at the White tice Department. A month ago, the Ju- Senate’s action, and the Senate resume House recently, in which he used Re- diciary Committee held our first over- legislative session. publican Senators and nominees as po- sight hearing of the new session and The ACTING PRESIDENT pro tem- litical props, are belied by the facts. the first with new Attorney General pore. Is there objection? They are about as accurate as when Michael Mukasey. We will hold another Without objection, it is so ordered. President Bush ascribed Attorney Gen- oversight hearing this week with FBI The nomination considered and con- eral Gonzales’ resignation to supposed Director Mueller. These are more steps firmed is as follows: ‘‘unfair treatment’’ and suggested ‘‘his forward in our efforts to lift the veil of DEPARTMENT OF JUSTICE good name’’ was ‘‘dragged through the White House secrecy, restore checks and balances to our Government, and Mark R. Filip, of Illinois, to be Deputy At- mud for political reasons.’’ The U.S. at- begin to repair the damage this admin- torney General. torney firing scandal was of the admin- istration inflicted on the Department, Mr. REID. Mr. President, this is istration’s own making. It decimated our Constitution, and fundamental Mukasey’s chief deputy. We have been morale at the Department of Justice. A trying to get this nomination cleared American values. good way to help restore the Justice We continue to press for account- for quite a long time. Department would be for this adminis- Mr. LEAHY. Mr. President, today we ability even as we learn startling new tration to acknowledge its wrongdoing. revelations about the extent to which continue the process of rebuilding the We need a new Deputy Attorney Gen- some will go to avoid accountability, integrity and independence of the Jus- eral. We need someone who under- undermine oversight, and stonewall the tice Department by confirming the stands that the responsibilities and du- nomination of Mark R. Filip to be the truth. We find shifting answers on ties of that office are not to act as a issues including the admission that the new Deputy Attorney General, the validator for the administration, or as CIA used waterboarding on detainees in number two position at the Depart- the chief defense lawyer for the White reliance on the advice of the Depart- ment of Justice, who acts as the Attor- House. We are reminded by the exam- ment of Justice; the destruction of ney General in the absence of the At- ples of Elliot Richardson and William White House e-mails required by law to torney General. Ruckelshaus from the Watergate era— be preserved; and the CIA’s destruction Regrettably, this important nomina- and more recently the examples of of videotapes of detainee interroga- tion has been stalled for over a month James Comey, Jack Goldsmith, and tions not shared with the 9/11 Commis- due to the bad faith of the Bush-Che- Alberto Mora—that law enforcement sion, Congress or the courts. The only ney administration in failing to proc- officials must enforce the law without constant is the demand for immunity ess Democratic recommendations to fear or favor to their benefactors at the and unaccountability among those in independent boards and commissions, White House. We have now seen what the administration. This White House and Senate Republicans’ rejection of happens when the rule of law plays sec- continues to stonewall the legitimate up-or-down votes on nominations to ond fiddle to a President’s agenda and needs for information articulated by the Federal Election Commission. the partisan desires of political the Judiciary Committee and others in I commend the majority leader for operatives. the Congress, and contemptuously to his efforts to resolve this impasse. I The truth is that it was the President refuse to appear when summoned by also thank him for agreeing with me to who deferred the critical work of re- congressional subpoena. allow the Filip nomination to proceed storing the Department’s independence In spite of the administration’s lack at this time. It is a demonstration of and credibility by delaying this nomi- of cooperation, the Senate is moving good faith on his part and I thank him. nation for half a year. This administra- forward with the confirmation of Judge I strongly support the majority leader tion knew from at least May 14, 2007, Filip today. In spite of the partisan, in his efforts to make progress by call- when Mr. MCNULTY announced that he political display at the White House ing up Judge Filip’s nomination today. was resigning, and should have known last month, staged while a convention A little more than a year ago, the Ju- for weeks before, that there was to be of right-wing activists were in town, diciary Committee began its oversight a vacancy in the important position of we are proceeding today. efforts for the 110th Congress. Over the Deputy Attorney General. Yet even With Judge Filip’s confirmation, we next 9 months, our efforts revealed a after the former Deputy announced his will have confirmed 23 executive nomi- Department of Justice gone awry. The resignation and proceeded to resign nations, including the confirmations of leadership crisis came more and more months later, the administration failed nine U.S. attorneys, four U.S. mar- into view as Senator SPECTER and I led to work with the Senate to fill this shals, and the top two positions at the a bipartisan group of concerned Sen- vital position. Justice Department so far this Con- ators to consider the U.S. attorney fir- The President did not nominate gress. ing scandal, a confrontation over the Judge Filip until last December. I an- We could be in a position to make legality of the administration’s nounced that the Judiciary Committee even more progress if the Republican

VerDate Aug 31 2005 04:46 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S03MR8.REC S03MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 3, 2008 CONGRESSIONAL RECORD — SENATE S1443 members of the Judiciary Committee 172ND ANNIVERSARY OF TEXAS That was the letter he wrote from would work with us in considering the INDEPENDENCE DAY the Alamo. He did not get reinforce- nominations of this Republican Presi- Mrs. HUTCHISON. Mr. President, I ments. Those brave 189 men did, in dent. We have had the nominations of rise today because it is the 172nd anni- fact, fight against what is estimated to Kevin O’Connor to be Associate Attor- versary of Texas Independence Day. be 4,000 or 5,000 Mexican soldiers, but ney General, the number three position I wish to take a moment to read a they held long enough for GEN Sam at the Department, and Gregory G. letter that is such an important part of Houston to muster his strength and Katsas, to be Assistant Attorney Gen- the history of Texas. It is the letter of add to his Army. Then, about a month eral of the Civil Division, on our agen- William Barrett Travis from the later, in April, the San Jacinto battle da since the middle of February. Three Alamo. This is a tradition I have con- did take place against the Mexican weeks ago, I placed the O’Connor and tinued that was started by my col- Army and Santa Anna surrendered. So Katsas nominations on the commit- league and friend, Senator John Tower, it was an important part in Texas his- tee’s agenda but Republican members to commemorate Texas Independence tory which we value and celebrate very of our committee did not show up to Day every year, which is March 2. Now, thoroughly every March 2nd. I will con- make a quorum at that meeting or at of course, March 2 was yesterday, tinue the tradition of Senator Tower as our meeting last week. I adjourned which is Sunday, so I always try to do long as I am in the Senate, and I hope both our February 14 and February 28 it as close to March 2 as I can, as Sen- it can continue. meetings for lack of a quorum. At the ator Tower did when he was serving in I yield the floor. first meeting, only one Republican this body. The ACTING PRESIDENT pro tem- Senator was present. At the latter, the The Texas Declaration of Independ- pore. The Senator from Illinois is rec- ranking member chose to leave. I hope ence was a document that was signed ognized. we will be able to act on those nomina- by, among others, my own great, great f tions this week. grandfather, Charles S. Taylor, as well MORTGAGE CRISIS Of course, we could have made even as his great friend, Thomas Rusk, who Mr. DURBIN. Mr. President, last more progress had the White House became one of the first two Senators week we had a debate on the floor of sent us timely nominations to fill the from Texas and whose seat I hold the Senate about three different meas- remaining executive branch vacancies today. They both hailed from ures. The frustration was that at the with nominees who will restore the Nacogdoches, which is the oldest town end of the week, nothing happened. independence of Federal law enforce- in Texas. It is the town where my Now a lot of people who watch C–SPAN ment. There are now 19 districts across mother grew up and where my great, and observe the Senate in session won- the country with acting or interim great grandfather was a delegate to the der if anything ever happens. It seems U.S. attorneys instead of Senate-con- convention that declared independence as though there are a lot of gaps in ac- firmed, presidentially appointed U.S. from Mexico for the territory that was tivity here—so-called quorum calls— attorneys, and for which the adminis- Texas. It is a historic time for Texas. that seem to go on and on and on, and tration has still failed to send the Sen- We celebrate Texas Independence Day then you switch to another channel. Of ate a nomination. For more than a every single year because we know course, if you are a Member of the Sen- year I have been talking publicly about fighting for freedom has made a dif- ate, there is a frustration about this if the need to name U.S. attorneys to fill ference in what Texas is. We love our you came here and believed part of these vacancies to no avail and urging history. We fought for freedom and we your job is to try to solve problems fac- the President to work with the Senate. were a republic, an independent nation ing this country. I was disappointed but not surprised for 10 years. Then, we came into the Early in the week, we tried to start a to see the administration return to United States under a treaty as a debate on the policy on the war in Iraq. tired political attacks. What better State. It was an important debate. It is one time than right now, when the econ- The defense of the Alamo by 189 cou- we have tried to initiate many times omy is slipping farther off the tracks, rageous men, who were outnumbered 10 over. Under the way the Senate rules when the President’s budget shows to 1, was a key battle in the Texas rev- are written, the minority party—the record annual triple-digit deficits, olution. The sacrifice of COL William Republican Party—can ‘‘filibuster’’ is when al-Qaida is stronger and more vir- Barrett Travis and his men made pos- what they call it around here, which ulent than ever, according to General sible GEN Sam Houston’s ultimate vic- means stretch out the debate until Hayden and Director McConnell, and tory at San Jacinto, which secured there is no end in sight, and then you with Osama bin Laden still at large, independence for Texas. That is where file what is called a cloture motion to when gas prices and unemployment are Santa Anna, the general in charge of close down the debate to get to a vote, rising, and a mortgage crisis grips the Mexican Army, formally surren- but you need 60 votes to close down the many parts of the country. I wish the dered and that was end of the fight for debate. So these cloture motions to President would put aside his partisan Texas independence. playbook and work with us. Colonel Travis wrote to his country- stop filibusters are brought to the I trust that Mark Filip understands men a letter asking for reinforcements: floor, and if you don’t have 60 Senators who will say close down the debate and that the duty of the Deputy Attorney Fellow citizens and compatriots: I am be- General is to uphold the Constitution sieged by a thousand or more of the Mexi- get to a vote, you have to move to and the rule of law not to work to cir- cans under Santa Anna. I have sustained a something else. The filibuster worked. cumvent it. Both the President and the continual bombardment and cannonade for Last week, three times the Republicans Nation are best served by a Justice De- 24 hours and have not lost a man—the enemy had successful filibusters, stopping us partment that provides sound advice has demanded a surrender at discretion; oth- from debating a change in the policy in erwise, the garrison is to be put to the sword the war in Iraq to start to bring Amer- and takes responsible action, without if the fort is taken. I have answered the de- regard to political considerations—not ican soldiers home. mands with a cannon shot and our flag still Then, the second vote was a report one that develops legalistic loopholes waves proudly from the wall. I shall never from the Bush administration on the to serve the ends of a particular admin- surrender or retreat. istration. Then, I call on you in the name of liberty, progress that is being made to capture I congratulate Judge Filip and his of patriotism and of everything dear to the Osama bin Laden and to stop world- family on his confirmation. American character, to come to our aid with wide terrorism. They filibustered that all dispatch. The enemy is receiving rein- too. They didn’t want the administra- f forcements daily and will no doubt increase tion to report. to 3,000 or 4,000 in 4 or 5 days. If this call is Then came the housing bill to deal LEGISLATIVE SESSION neglected, I am determined to sustain myself with the mortgage crisis around Amer- as long as possible and die like a soldier who The ACTING PRESIDENT pro tem- never forgets what is due to his own honor ica, and we had six very sound and pore. Under the previous order, the and that of his country—victory or death. good ideas to try to deal with it. They Senate will resume legislative session. William Barrett Travis, LT. COL. Com- filibustered that, too, and they stopped The Senator from Texas. mander. it. What a frustration. At the end of

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