Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, WEDNESDAY, FEBRUARY 8, 2017 No. 20—Part III House of Representatives The House was not in session today. Its next meeting will be held on Thursday, February 9, 2017, at 2:30 p.m. Senate WEDNESDAY, FEBRUARY 8, 2017

(Legislative day of Monday, February 6, 2017)

EXECUTIVE CALENDAR—Continued passed many of those bills with my col- it all the more disturbing to me that The PRESIDING OFFICER. The Sen- leagues, colleagues whom I don’t just Senator WARREN would stand up, exer- ator from New Jersey. consider colleagues; frankly, I consider cising what is one of her specifically Mr. BOOKER. Mr. President, I rise them friends. constitutional, mandated duties and this evening to continue the dialogue But within that context, I have to was stopped because of a rule being en- of the conversation about the can- say I have watched when I sat in the forced that in my opinion, as well as didate, the nominee for Attorney Gen- Chair and had to listen many times Leader SCHUMER’s, is selectively en- eral. I rise to join my colleagues in op- when people said things that made me forced. But let’s go further into the position to the nomination. feel they were unfortunate. I watched fact that the contents of that letter, I witnessed earlier tonight something the President of the United States talk much of it shared, are actually sub- that greatly disappointed me. One of about his character and his motives in stantive and have bearing on the my colleagues, as was mentioned ear- ways that I thought were disparaging, thoughts and feelings of many people lier, stood up to read into the RECORD but amidst all of this, in my 3 years, I in the Senate. a letter, as we just saw, that has been have never seen someone stopped from I was raised by a family who made a part of the record of this body for speaking on the Senate floor when, as very clear to me something that I decades—to read that letter into the the Democratic leader said so clearly, think Elie Wiesel said: The opposite of RECORD. That was then stopped there could have been many other love is not hate, it is silence. It is a through the Chair because it was said times where that rule was used, and profound sin to witness injustice, to to impugn another sitting Senator. that is a frustration. see something wrong, and to simply be As CHUCK SCHUMER said, that is selec- But what makes it more of a frustra- a bystander, to not speak up. tive enforcement, but to me there is tion is the context in which it hap- What I respect about many of my col- that going on and a lot more. pened tonight. You see, Senator WAR- leagues, even those with whom I dis- I used to preside in the first months REN stood up and was speaking with a agree—and what I respect about Sen- I was in the U.S. Senate and sat and passion about this nomination. And in ator WARREN—is that they embody a listened to the speeches of many of my the midst of her speaking her truth, in tradition that I was taught by my par- colleagues. I have to say, I am proud to the midst of her speaking her heart, ents: to speak truth to power, to speak be a Member of the body, where folks she was stopped as she read something truth even if your legs are shaking, on both sides comport themselves with into the RECORD that had been there even if your voice quivers. Speak truth. a level of comity that is admirable. for decades. To me that is problematic Do not be a bystander. Do not sit in in- I heard some people tonight decry not just because it was a regular difference. Stand up and speak your the descending of this body into unfor- speech but because this had to do with truth. Do not let your soul be silenced. tunate places, but the reality is, my her constitutional duty of providing We are here as a country because at experience has been, on the whole, very advice and consent. She wasn’t just a time of rife moral injustice, people positive. The respect and the quoting someone, something that she didn’t remain silent. This idea of collegiality here is something that heard on the street, some hearsay. She speech in this country is so important makes this place incredibly valuable to was actually quoting Coretta Scott that it is enshrined in the Constitution work. Though the public might not see King, a civil rights hero, the wife of the that we should have freedom of speech, it, there are a lot of bills that get slain Martin Luther King, who we, as and, yes, it is not always comfortable worked on together and even get to the Americans in our Nation—we don’t to hear. floor, many of them get votes, many of have many of them—literally recognize I sat where the Presiding Officer, the them get passed. I am proud to have with a national holiday. So that makes Senator from Alaska, is sitting, and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S873

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VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.255 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S874 CONGRESSIONAL RECORD — SENATE February 8, 2017 there were many times I heard things what they believed in. This body was my heart. I was hurting because I knew that were uncomfortable, that I dis- designed to bring people of diverse ge- my dad would have wanted to see me agreed with, that I thought were ographies—thank God, eventually di- become a Senator. This guy who was wrong, but this body should respect the verse racial backgrounds, diverse gen- born poor in a segregated community idea of free speech. der—all together to represent our in the South, in the mountains of Tonight, I am proud of Senator WAR- States and to have it out. North Carolina, could never have imag- REN. She stood and told her truth. To No one Senator has supreme power. ined that one day his son would be see this body act as it did tonight is This is not the Executive branch. Both sworn in as a U.S. Senator. disappointing to me, and it is not a vio- sides have to want things. We have to My dad taught me lessons, as so lation of the ideals of comity. It is not. meet a 60-vote threshold on some occa- many of our fathers did. I learned I heard great conversations from peo- sions. That is the type of power we about hard work. I learned about sac- ple I revere. Senator HATCH spoke to- have here. rifice. Jane Baldwin said it best: Chil- night. He is a great man. I don’t agree When someone from here leaves this dren are never good at listening to with him all the time. I think some of position and moves to the executive their elders, but they never fail to imi- his ideas—I actually think sometimes branch and is heading an agency, they tate them. I thank God to this day that they are dangerous ideas, but I respect have tremendous power. In fact, the I had models to emulate. him. He and Teddy Kennedy—two men Attorney General is one of the most But if there is anything my father who argued with each other, sometimes powerful positions in America and ac- taught me, it is: Son, you didn’t get with voices raised in a lack of comity— tually even in some sense is inde- where you are on your own. That is in- had a love for each other. pendent of the Presidency. The idea of teresting for me to hear from a guy I was told by other senior Senators the Attorney General is that when the who, by every other measure, was a when I first arrived: Yeah, give it all President is wrong, the Attorney Gen- self-made man. To watch my dad go at you have got in debates. Argue and eral has a role and lets the President his craft, to watch him work and sac- fight, but understand that in the end know that, taking the appropriate ac- rifice on snow days in New Jersey, we are all people who love our country. tion. when I was a grade school kid, the first Nobody is questioning JEFF SESSIONS’ So while JEFF SESSIONS is a valued sound I would hear would be him shov- love of country. Nobody here is ques- colleague as a Senator, there is a moral eling the driveway because he was tioning his kindness and collegiality. I obligation that all of us have enshrined going to be the first person at work, no experienced that. I have spent 3 years in the Constitution of the advice and matter what. Often I would come home in the Senate. He is far senior to me, consent power to tell our truth because from school or go to my games and my and there is no time that we connected here our power as individuals is made dad wouldn’t be there because he was on the floor or in the Senate gym in manifest by our ability to develop coa- going to make sure to be the last one which he didn’t show me kindness and litions. But in the executive branch, es- to leave the office, setting the bar as a respect. Let’s put that aside. pecially in the Attorney General’s posi- manager. He and I even stood together and tion, that power is residing in the indi- But here was a self-made man, look- passed a resolution here in this body to vidual, that power is real, that power ing at me every step of the way, and give the Medal of Freedom to marchers has dramatic effects on the lives of ev- letting me know: Son—sometimes it across the Edmund Pettus Bridge. One eryday Americans. So when that is would be boy—you didn’t get here on of those marchers was JOHN LEWIS. happening, we cannot remain silent. your own. I would walk around my Does that mean that if JOHN LEWIS I am so proud that Senator ELIZA- house, staring in the refrigerator, and believes strongly that to have JEFF BETH WARREN actually did not just read he would say: Boy, don’t you dare walk SESSIONS ascend to the most powerful a letter of Coretta Scott King; she hon- around this house like you hit a triple. law enforcement office in the land, he ored that Martin Luther King tradi- You were born on third base. should remain silent? Does that mean tion. King said: ‘‘Our lives begin to end Well, yes, I got it after years because he should be quiet about that? No. In the day we begin to be silent about my father said: Son, you are where you fact, JOHN LEWIS testified in the hear- things that matter.’’ King also wrote: are because of this Nation, not just the ings in the Judiciary Committee ‘‘There comes a time when silence is values and ideals. I mean, come on, I against JEFF SESSIONS. Why? Because betrayal.’’ want to tell the truth. This is a coun- that is our tradition. I can’t betray my values or my try that was formed with a level of ge- So I start my remarks tonight, ag- ideals. This body is in many ways a nius that I can’t take away from, a grieved by what I saw happen to ELIZA- testimony to the ideals of freedom of level of ascendant thought in the span BETH WARREN. In fact, it stunned me. I speech in America, a body that is ex- of human history that is remarkable, didn’t even believe it when I heard that hibiting in many ways to this country and my father respected that, but he a U.S. Senator would be silenced by an- why fervent debate is so important in knew that what makes this country other U.S. Senator from reading some- the marketplace of ideas. real was not just what our Founders thing that had been in the record for 30 To silence a voice, to silence a Sen- did, it is what average Americans did years, as if somehow we are afraid to ator—that is unconscionable under the to make real the promise of this de- hear that truth on that paper or in her pretext that somehow she was impugn- mocracy. Even when challenges oc- heart. God bless her for standing up ing the character of another Senator. curred in this country, they didn’t and speaking up and refusing to be si- That is unacceptable, especially in think they befell themselves, they lent, and then, in the tradition of the light of so many things that have been somehow fought to make this country King family, taking the consequences. said on the Senate floor that weren’t more real. I want to state that what she did re- checked, weren’t called out. But at a As great as our Founders are and as spects a difference that is worth ana- time when a Senator is standing strong great as our Constitution is, let’s look lyzing for a moment. We have col- for what she believes and speaking her at those documents and be honest with leagues here with whom we disagree. truth, there is what is tantamount to a each other. Native Americans are re- We are part of the U.S. Senate. There censure. ferred to as savages in our Declaration is a lot of respect back and forth. I came to this body on a very auspi- of Independence. Women aren’t re- Again, the senior Senator from Utah is cious day. It was Halloween. I was ferred to at all. African Americans a giant in my eyes. The eulogy he gave sworn in on Halloween, 2013. It was Oc- were fractions of human beings. What at Senator Teddy Kennedy’s funeral tober, and my election was just days was the spirit that took an imperfect was one of my favorite U.S. Senate mo- earlier. Six days before I had been document and founding ideals and ments, even though it didn’t happen on elected to the U.S. Senate, my father made them more perfect? What was this floor. But it did show that two died. that spirit? men could fight and disagree and could I confess, on that day I was feeling a (Mr. SCOTT assumed the Chair.) still have respect for each other; two sense of pride, standing right over I want to read the words of Thurgood men could raise their voices at times there with the Vice President. I was Marshall. He delivered them in May of and have passionate arguments about feeling pride, but I was also hollow in 1987. I was a high school student. It was

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.256 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S875 on the vacation of the bicentennial of to come to where we are today. He will not even let me get up. He is serv- the Constitution itself. This is what he writes that the men who gathered in ing me food. That is his spirit. said: Philadelphia in 1787 could not have en- What is incredible to me is it gives The year 1987 marks the 200th anniversary visioned the changes that have taken incredible testimony to this truth that of the Constitution. A commission has been place that resulted in the world in this Nation is great not because it was established to coordinate the celebration. which he was living here in 1987. easy to get here, not because it was He goes on: He writes: destined to be so but because Ameri- Like many anniversary celebrations, the I could not have imagined, nor would they cans all along in our history did the plan for 1987 takes particular events and have accepted, that the document they were challenging thing to try to move this holds them up as the source of all the very drafting would one day be construed by the democracy forward. best that followed. Supreme Court, to which had been appointed So does JOHN LEWIS love Senator He writes: a woman and the descendant of an African SESSIONS? Yes. JOHN LEWIS is an em- slave— Patriotic feelings will swell, prompting bodiment of love. He is a man who has proud proclamations of the wisdom, fore- Thurgood Marshall himself— forgiven his attackers, who literally sight and sense of justice shared by the that ‘‘We the People’’ no longer enslave, but has had people who beat him years Framers and reflected in a written document the credit does not belong to the Framers, it later become people he embraces. And now yellowed with age. This is unfortunate— belongs to those who refused to acquiesce an even though we love each other and re- not the patriotism itself but the tendency outdated notion of liberty, justice, and spect each other, love is difficult and for the celebration to oversimplify, and over- equality, and who strived to make them bet- hard. It is a hard thing to do. Some- ter. look the many other events that have been times love requires telling the truth. instrumental to our achievements as a na- So when I swore my oath, days after tion. The focus of this celebration invites a Love requires not being silent. Love my father died—after the man who isn’t politic, and sometimes love complacent belief that the vision of those taught me that the liberties and the who debated and compromised in Philadel- breaks traditions. phia yielded the ‘‘more perfect Union’’ that freedoms and the privileges and the I chose to testify against a Senator, is said we now enjoy. abundance that I enjoyed when I had and I took criticism for it—probably This is Thurgood Marshall: the fortune of calling myself an Amer- deservedly so—but I did so because ican—that those liberties, those free- when I testified, what made it more I cannot accept this invitation, for I do not doms, the justice, the opportunity that believe that the meaning of the Constitution evidently clear or highlighted my deci- was forever fixed at the Philadelphia Con- I enjoy—yes, I may be a hard worker; sion is that I was sitting next to JOHN vention. Nor do I find the wisdom, foresight, yes, I may sacrifice; yes, I may strug- LEWIS. He never asked if it was conven- and sense of justice exhibited by the Framers gle; but all of this was made possible ient or politic for him to freedom ride. particularly profound. To the contrary, the because of the fights and the struggles He didn’t ask if it was safe to march government they devised was defective from and the courage of others. It was made across the Edmund Pettus Bridge. He the start, requiring several amendments, a possible by people who did not sit on civil war, and momentous social trans- didn’t ask if it might make people feel the sidelines of history, who under- uncomfortable or be the subject of formation to attain the system of constitu- stood that democracy is not a spec- tional government, and its respect for the in- scorn. He was telling people to go out dividual freedoms and human rights, we hold tator sport; that even though it is not and register to vote. He decided to do it as fundamental today. When a contemporary comfortable or convenient or easy, because it was the right thing to do. American cites ‘‘The Constitution,’’ they in- sometimes, in the course of human I want to read from his testimony. voke a concept that is vastly different from events, for the cause of your country, On that day, I was privileged to sit what the Framers barely began to construct you have to stand up and fight. next to my hero in a judiciary hearing. two centuries ago. So before I swore that oath, my This is what he wrote. This is what he For a sense of the evolving nature of the mom—before I hit the Senate floor and spoke: Constitution we need look no further than became a Member of this august body, the first three words of the document’s pre- Millions of Americans are encouraged by amble: ‘‘We the People.’’ When the Founding she took me across the Capitol to meet our country’s effort to create a more inclu- Fathers used this phrase in 1787, they did not with another man because she wanted sive democracy the last 50 years, but what have in mind the majority of America’s citi- the last thing that I did to be a humble some of us call a beloved community, a com- zens. ‘‘We the People’’ included, in the words recognition of upon whose shoulders I munity at peace with itself. We are not a mi- of the Framers, ‘‘the whole Number of free stood. The last thing I did before I be- nority. A clear majority of Americans said Persons.’’ came a U.S. Senator was to meet with they want this to be a fair, just, and open Nation. They are afraid that this country is On a matter so basic as the right to vote, JOHN LEWIS. for example, Negro slaves were excluded, al- headed in the wrong direction. They are con- Congressman LEWIS, if you know though they were counted for representa- cerned that some leaders reject decades of tional purposes as three-fifths each. Women him, you are shaken by his goodness progress and want to return to the dark past did not gain the right to vote for over 130 and his decency. You are shaken by his when the power of the law was used to deny years. kindness. I don’t want to elevate him. the freedoms protected by the Constitution, Thurgood Marshall writes: He is not a perfect man, but this is a the Bill of Rights, and the amendments. hero to me and to so many Americans. These are the voices I represent today. These omissions were intentional. The He is someone who lives his values, We can pretend that the law is blind. We record of the Framers’ debates on the slave can pretend that it is even handed. But if we question is especially clear: The Southern doesn’t just preach them. And when I are honest with ourselves, we know that we States acceded to the demands of the New sat to have a meal with him—he had are called upon daily by the people we rep- England States for giving Congress broad put a spread together—he told me that resent to help them deal with unfairness in power to regulate commerce, in exchange for when I was sworn in as the fourth pop- how the law is written and enforced. the right to continue the slave trade. ularly elected African American in the Those who are committed to equal justice The economic interests of the regions coa- history of this body, it was a triumph in our society wonder whether Senator Ses- lesced; New Englanders engaged in the ‘‘car- for him, that it made him proud. Here sions’ call for law and order will mean today rying trade’’—and it continues. I am standing before my mom’s class- what it meant in Alabama when I was com- Thurgood Marshall goes on: ing up back then. The rule of law was used to mate, my parents’ generation, and he violate the human and civil rights of the Even these ringing main phrases from the is elevating me and telling me how im- poor, the dispossessed, people of color. I was Declaration of Independence are filled with portant this day is to him. born in rural Alabama, not very far from irony, for every draft of what became the What is fascinating to me was he where Senator Sessions was raised. There Declaration assailed the King of England for was no way to escape or deny the choke hold suppressing legislative attempts to end the didn’t just speak those words. I looked of discrimination and racial hatred that sur- slave trade. around his office and it was like a civil rounded us. I saw the signs that said ‘‘White The final draft adopted in 1776 did not con- rights museum—people who marched Waiting, Colored Waiting.’’ I saw the signs tain this criticism. And so again at the Con- for me and you and others; people who that said, ‘‘White Men, Colored Men;’’ stitutional Convention, eloquent objections went on freedom rides for me and you ‘‘White Women, Colored Women.’’ I tasted to the institution of slavery went unheeded. and others; people who fought for vot- the bitter fruits, the bitter fruits of segrega- Thurgood Marshall goes on to so elo- ing rights for me and you and others. tion and racial discrimination. Segregation quently discuss the evolutions it took All the while I am sitting there, and he was the law of the land to order our society

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.257 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S876 CONGRESSIONAL RECORD — SENATE February 8, 2017 in the Deep South. Any Black person who did doesn’t mean that he doesn’t think he against certain populations and advan- not cross the street when a White person was is kind and collegial when the two tage themselves politically. It is not walking down the same sidewalk, who did meet. I have watched them. Senator just cheaters. But it is clearly dis- not move to the back of the bus, who drank JEFF SESSIONS and I were there to criminatory in this case on race. from a White water fountain, who looked at Now, if we know that is going on, a White person directly in their eyes, could present him with the Congressional be arrested and taken to jail. Medal. But what it means is that he JOHN LEWIS, myself, millions of Ameri- The forces of law and order in Ala- has real concerns about the cause of cans, Republicans, Democrats, and bama were so strong that to take a our country, because this Nation has Independents believe that we should in- stand against its injustice we had to be made such dramatic strides towards vestigate these things. But the problem willing to sacrifice our lives for our freedom and justice. It has made those is we now have someone that is nomi- cause. Often, the only way we could strides because people like him, folks nated to the very office, the Justice demonstrate that a law on the books from all different backgrounds didn’t Department, who has said that the ac- violated a higher law was by chal- just pledge allegiance to the flag. They tivities around voting rights to inves- lenging that law, by putting our bodies didn’t just say the words ‘‘liberty and tigate these issues are intrusive. This on the line and showing the world the justice for all.’’ They put their lives on is at a time when we still have issues unholy price we had to pay for dignity the line to make it happen. with voting where States are moving and respect. It took massive, well-orga- I have seen this kind of patriotism not to open up the access to voting, not nized, nonviolent dissent for the Vot- made real in my lifetime by the men to make it easier, not to make it more ing Rights Act to become the law. It and women who put the uniform on to free and fair. There are folks who are required criticism of this great Nation serve us overseas, all the way to men trying to create laws that are choking and its great laws to move toward a and women putting uniforms on to pro- it, and some of these laws factually greater sense of equality in America. tect our neighborhoods, who make ra- have been designed to disadvantage We had to sit in, we had to stand in, we tional choices every day to fight for certain populations. The highest law enforcement officer had to march. And that is why more our safety, our security, for our lib- in the land has an obligation to aggres- than 50 years ago a group of unarmed erty, and for our justice. I stand here now to speak out against sively investigate these potential vio- citizens, Black and White, gathered on JEFF SESSIONS becoming the highest lations of law. But we have listened to March 7, 1965, in an orderly, peaceful law enforcement officer of the land, not what the priorities are of Senator SES- nonviolent fashion to walk from Selma because of any personal feelings I have SIONS. It is not to investigate what is to Montgomery, AL, to dramatize to about him—because I too, like I was real, what is substantive, what has the Nation and to the world that we called to do as a little boy in Sunday happened and likely will happen. It is wanted to register to vote, wanted to school, believe in the ideals of love thy to investigate the fiction created, doc- become participants in a democratic neighbor. It doesn’t detract from that umented, that somehow millions of process. We were beaten, tear-gassed, love to speak up, to speak my heart, to Americans woke up in the morning and left bloodied, some of us unconscious, speak my mind. said: Do you know what I am going to some of us had concussions, some of us Senator ELIZABETH WARREN stood up try to do? I am going down to a polling almost died on that bridge. speaking the words of Coretta Scott place and fake my way into voting. It But the Congress responded. President King. It doesn’t detract from the is hard to get millions of Americans to Lyndon Johnson responded, and the Congress passed a Voting Rights Act, and it was collegiality of this institution for her vote, period, sometimes, but somehow signed into law on August 6, 1965. We have to speak her mind, especially when this fiction is the highest priority come a distance. We have made progress. But those are issues that are at the core of when it comes to voting of this Attor- we are not there yet. There are forces that our Constitution. ney General. want to take us back to another place. We Take voting rights. I don’t have the I will not be silent on this issue. I am don’t want to go back. We want to go for- authenticity to speak on voting rights here and we are here because people ward. As the late A. Philip Randolph, who that someone like JOHN LEWIS has. But fought to stop violations of voting. We was the dean of the March on Washington of I have watched what is happening in as Americans should have confidence 1963, often said, ‘‘maybe our forefathers and my country—all this talk coming from our foremothers all came to this great land that the highest law enforcement offi- in different ships, but we are all in the same the highest office in the land about cer in the land won’t criticize any ef- boat now.’’ voting fraud. The chances of encoun- forts on voter suppression but will ac- It doesn’t matter how Senator Sessions tering in-person voting fraud in this tually work to do something about it. may smile, how friendly he may be, how he Nation is about the chances of getting Something else that was spoken may speak to you. But we need someone who struck by lightning. You might even about in JOHN LEWIS’s testimony that is going to stand up, speak up, and speak out have a better chance of going and play- is a real issue in America and this has for the people that need help, for people that ing the lottery tonight and winning to do with the prevalence in this coun- have been discriminated against. And it doesn’t matter whether they are Black or than in encountering voter fraud. But try of ongoing hate crimes. Senator White, Latino, Asian, Native American, the real issue is voter suppression. SESSIONS, as a Senator, again in a body whether they are gay or straight, Muslim, Now, I am not just saying that as a in which one Senator does not have the Christian, or Jews. We all live in the same partisan spouting. I am actually refer- power to pass legislation, failed to house—the American house. We need some- ring to actual judicial inquiries of the stand with the majority of Senators one as Attorney General who is going to look Federal Government. In the State of when it came to issues of laws that out for all of us and not just for some of us. North Carolina, as soon as the Shelby were designed for dealing with bias-mo- Now, he speaks: decision came and before the ink got tivated crimes that target specifically I ran out of time. Thank you for giving me dry, States like North Carolina, Texas, people’s sexual orientation and gender a chance to testify. and others started to change their vot- identity. JOHN LEWIS had 5 minutes before the ing laws. It is hard to do things in the There was a specific law, the Mat- Judiciary Committee—5 minutes to cover of night without the power to in- thew Shepard and James Byrd, Jr., law. enter words into one of the greatest vestigate what actually happened. A These are two Americans who were tar- historical records of all time—the Federal judge saw in North Carolina, geted because of their respective sexual record of this body, the record of the and said that they were discriminating orientation and race. Senator SES- Judiciary Committee. He brushed on against African Americans, that they SIONS’ comments at the time were that issues that aren’t a passing fancy to had tailored this law—I think the this law would ‘‘cheapen the Civil him. He has lived for these issues. He quote exactly is—with surgical preci- Rights Movement.’’ has fought for these issues. He has sion to discriminate against African- You have in the testimony a civil dedicated his life to these issues. This American voters. This is not fiction. rights hero talking about the chal- man, this champion, chose not to be si- This isn’t made up. These are the facts. lenges facing the LGBT community, a lent. He had a window of opportunity. There are still people in this country civil rights hero who is joined with me That doesn’t mean he doesn’t love in positions of power who are seeking and others, decrying the fact that in JEFF SESSIONS. I know he does. It to pervert the law to discriminate this country right now you may have

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.259 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S877 the right to marriage equality, but Department of Justice Jocelyn Sam- seriously defend and fight against the still in most States in America if you uels wrote the following in 2013: But kind of horrific crimes that are still get married, you post it on your while the men responsible for the being perpetrated in America. That is Facebook page, you go to work the Shepard and Byrd killings were later not all. next day, your boss says you are fired convicted of murder, none of them were We see that in his testimony. We see because you got married to someone of prosecuted for committing a hate that JEFF SESSIONS spoke at length the same sex, and there is no legal re- crime. At the time these murders were about this idea of law and order. I re- course. committed, neither Wyoming nor spect that idea of law and order, but Senator SESSIONS on same-sex mar- Texas had hate crime laws, and exist- the call of our country isn’t law and riage even went as far as to say it is ing Federal hate crime protections did order. We have seen totalitarian not disputable that adopting a same- not include violent acts based on the States. We have seen dictatorships. We sex marriage culture undermines and victim’s sexual orientation and only have seen all kinds of countries that weakens marriage. I don’t even know covered racial violence against those restrained freedoms and liberties, what to say about a same-sex marriage engaged in a federally protected activ- found the repression and oppression. culture. I would never question that ity, such as voting or attending school. We found that law and order can be es- love and that bond between two Ameri- Four years ago today, President tablished in many ways. This country cans that now is the law of the land. Barack Obama signed the Matthew was founded with a higher ideal to pur- I don’t know what it means to some- Shepard and James Byrd, Jr. Hate sue. It is what has called so many one when they criticize a law that is Crime Prevention Act. This landmark Americans forth in pursuit of this high going to work against violence. Please legislation, championed by the late ideal. understand, this violence is not a rare Senator Ted Kennedy, greatly ex- It is not just law and order. It is the thing like in-person voter fraud. We panded the Federal Government’s abil- pursuit of justice. It is an under- know that today still too many les- ity to prosecute hate crimes. The law standing that as King said, ‘‘Injustice bian, gay, bisexual, and transgender enables the Justice Department to anywhere is a threat to justice every- Americans feel unsafe in their commu- prosecute crimes motivated by race, where.’’ One of those fundamental prin- ciples of justice is this idea of equal nities. A significant percentage of gay color, religion, and national origin protection under the law. and lesbian children report missing without having to show that the de- The Attorney General has an obliga- fendant was engaged in a federally pro- school because of fear. tion to pursue this idea of equal jus- The data from the National Coalition tected activity. The Shepard-Byrd Act tice. I used to be a mayor. In the city of Anti-Violence Programs shows that also empowers the department to pros- in which I still live, in Newark, NJ, we 20 to 24 percent—about one in five—of ecute crimes committed because of a were always looking to fight crime, lesbian and gay people experience hate person’s sexual orientation, gender and we knew lowering crime didn’t just crimes and that LGBT Americans of identity, gender or disability as hate have to do with police. Sometimes po- color are particularly at risk. Often crimes. The law also marked the first lice are busily working on the symp- those hate crimes are utterly tragic. time that the words ‘‘lesbian, gay, bi- toms of the deeper problems, and we as In 1998, Matthew Shepard was a 21- sexual and transgender’’ appeared in a society have to address them. That is year-old student at the University of the U.S. Code. Under the leadership of why drug treatment is such a critical Wyoming. He went to the bar that Attorney General Holder, the Criminal way of delivering justice and fighting evening, like many 21-year-olds do. Section of Civil Rights Division and crime. That is why programs that help Two men offered him a ride home, and U.S. attorney’s offices around the people coming home from prison help he accepted. Instead of bringing him country have used that law to address to lower crime. That is why mental home, they brought him out into a the most serious hate crimes. Over the health care is so important for fighting field. They taunted him with epithets, last 4 years, 44 people in 16 States have crime, but you cannot take it away hatred directed at him because he was been convicted under the Shepard-Byrd from any American. gay, and then they beat him savagely act for their discrimination in crimes The truth is there is so much of a and left him for dead. against others on the basis of race, re- need to celebrate our law enforcement This is what one of our Nation’s mag- ligion, national origin, sexual orienta- in this country. I have watched law en- azines, Vanity Fair, wrote: tion, gender identity or disability. forcement officers do acts of heroism A passing cyclist saw what he thought was This is what we expect from the De- and courage that shows they are wor- a scarecrow lashed to a wooden buck fence partment of Justice. Hate crimes thy of the highest celebrations, and so on a remote plot of land. The scarecrow against gays, lesbians, bisexuals, and turned out to be Matthew, unconscious, a many Americans don’t know this. They huge gash in his head, his face drenched with transgender are tragically common in don’t understand that so many law en- blood except where his tear trails had this country. Discrimination, hate, and forcement officers every single day washed it clean. His shoes were missing. violence is not rare in this community. risk danger, and our law enforcement After police questioning, Aaron McKinney It is real. It is a scourge. It must be officers should be lauded for these confessed that he and his friend Russell Hen- stopped, and the highest law enforce- great women and men who, every sin- derson had met Matthew at the Fireside Bar ment officer in the land must follow gle day, are out in our communities en- & Lounge on Tuesday night and posed as gay the Federal law, must see it as a pri- tering into difficult circumstances. to lure him into their truck. Then they ority, must see it as an urgency, must drove him to an out-of-the-way location, I still remember my police director— bound him to a fence, pistol-whipped him, use their prosecutorial discretion to one time he was on the phone. There and taunted him while he begged for his life. put resources toward those prosecu- was an awful hostage situation, and we Then they banded the gentle five-foot-two, tions. were discussing how to deal with it. 105-pound freshman to hang there for 18 So when Civil Rights leaders like Then over the phone I heard gun shots hours, losing blood as the temperature JOHN LEWIS understand the truth that go off, and suddenly in the background dropped. the Civil Rights Movement wasn’t I heard officers yelling, ‘‘Go, go, go, That same year, James Byrd, Jr., a about Black people, it was about Amer- go!’’ These officers, hearing bullets fir- 49-year-old African-American man, was ican people, it was about justice for all, ing, had no situational awareness walking home from his parents’ house it was about freedom from violence for whatsoever and stormed into that in Texas when he was also offered a all, it was about equal rights for all, building. Most of us hearing gun fire ride home. They didn’t bring him home that he cannot be silent when someone would drop down; these men and either. They brought him to the middle is discriminated against because of how women stood up. Most of us hearing of the woods where he was beaten and they pray or how they love. gun fire might run in the other direc- then chained to a pickup truck and None of us can be silent if we believe tion; these men ran toward that prob- dragged along the road for 2 miles. He in those words: liberty and justice for lem. had been targeted by three White su- all. At a time where this is a real prob- As the mayor of a city working di- premacists. lem, we should trust that the highest rectly with police officers, I could give The Acting Assistant Attorney Gen- law enforcement officer would do some- countless examples and great testi- eral for the Civil Rights Division at the thing about it, would vigorously and mony as to the strength and courage of

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.260 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S878 CONGRESSIONAL RECORD — SENATE February 8, 2017 officers. I commend JEFF SESSIONS for Department of Justice came in and communities they serve, about the appro- talking about how important our po- pulled that data, put a lot of resources priate uses of force, and about real and per- lice officers are, but understand that it into analyzing it, they found about 80 ceived biases, both within and outside of law does not diminish our respect and our enforcement. These are important debates. percent of the Newark Police Depart- Every American should feel free to express love and our admiration and our grati- ment stops and arrests involved an informed opinion—to protest peacefully, tude toward police officers, toward law Blacks, while the population is 53.9 per- to convey frustration and even anger in a enforcement in this country to ask cent Black. Black residents of Newark constructive way. That is what makes our that we make sure, through systems of were at least 2.5 times more likely to democracy great. Those conversations—as accountability, that we are holding law be subjected to a pedestrian stop. bumpy and as uncomfortable as they can enforcement officers to the highest lev- The data that was pulled by the De- be—help us understand different perspec- els of professional conduct. There is partment of Justice helped us to step tives, and better serve our communities. Of not an officer I know that has any up our work with the ACLU and others course, these are only conversations in the true sense of that word if we are willing not problem with that. and begin to address these issues. The only talk, but to listen, too. This is what concerns me: We know Department of Justice’s investigations, Director Comey continues in his in this country that we have challenges accountability, working with local law speech: with an equal application of the law. enforcement departments have helped One recent study from researchers at make changes in Newark and Ferguson I worry that this incredibly important and the University of Louisville and the incredibly difficult conversation about race and will help make change in Balti- and policing has become focused entirely on University of South Carolina docu- more and all around our country. the nature and character of law enforcement mented that unarmed Black men were But Senator SESSIONS has aggres- officers, when it should also be about some- shot and killed in 2015 at disproportion- sively criticized the use of these kinds thing much harder to discuss. Debating the ately higher rates. We have seen other of consent decrees, this kind of inter- nature of policing is very important, but I challenges with poor communities and vention. This is a critical tool that the worry that it has become an excuse, at African-American communities having Justice Department is now using to times, to avoid doing something harder. unjust usage of the law directed toward curtail patterns and practices of dis- Much research points to the widespread ex- them. We all know about Ferguson, crimination within police departments. istence of unconscious bias. Many people in our white-majority culture have unconscious MO, where the city’s law enforcement But Senator SESSIONS calls them an racial biases and react differently to a white practices disproportionately impacted end run around the democratic process. face than a black face. African Americans. It was the Justice During his confirmation hearings, We simply must find ways to see each Department that investigated the Fer- Senator SESSIONS said: ‘‘I think there other more clearly. And part of that has to guson Police Department and found is a concern that good police officers involve collecting and sharing better infor- that from 2012 to 2014, Blacks ac- and good departments can be sued by mation about encounters between police and counted for 85 percent of vehicle stops, the Department of Justice when you citizens, especially violent encounters. just have some individuals within the The first step to understanding what is 90 percent of citations, and 93 percent really going on in our communities and in of arrests. This is in spite of the fact department doing things wrong.’’ That our country is to gather more data related to that Blacks made up only 67 percent of is problematic to me because it is a those we arrest, those we confront for break- the total population. The information failure to understand the larger chal- ing the law and jeopardizing public safety, came to light because of the Justice lenges we have with policing in Amer- and those who confront us. ‘‘Data’’ seems a Department’s investigation. ica: This is not something; it is just a dry and boring word but, without it, we can- In Baltimore, the Department of Jus- few bad officers. And even that con- not understand our world and make it better. tice found that the Baltimore Police struction of this idea that it is some- How can we address concerns about ‘‘use of force,’’ how can we address concerns about Department targeted policing of cer- how bad officers versus good officers— officer-involved shootings if we do not have a tain Baltimore neighborhoods with when it comes to implicit racial bias, reliable grasp on the demographics and cir- minimal oversight or accountability, and how it is impacting law enforce- cumstances of these incidents? We simply disproportionately harming Black resi- ment in America, sometimes people must improve the way we collect and ana- dents; the Baltimore Police Depart- don’t even feel comfortable with those lyze data to see the true nature of what’s ment stops African-American drivers terms, ‘‘implicit racial bias,’’ as if it is happening in the all of our communities. at disproportionate rates. African somehow calling people racist, which it The FBI tracks and publishes the number Americans accounted for 82 percent of is not. It is actually this idea that we, of ‘‘justifiable homicides’’ reported by police departments, but again, reporting by police all vehicle stops compared to 60 per- at the Federal Government, the Justice departments is voluntary and not all depart- cent of the driving age population in Department, working with localities, ments participate. That means we cannot the city and only 27 percent of the driv- can actually help departments begin to fully track the number of incidents in which ing age population in the greater met- address the reality in this country that force is used by police, or against police, in- ropolitan area. Racial disparities in the we have a justice system that does not cluding nonfatal encounters, which are not Baltimore Police Department’s arrests have equal application of law enforce- reported at all. are more pronounced for highly discre- ment. This is a real problem in this Without complete and accurate data, we tionary offenses. Blacks accounted for country. And when I say it is a real are left with ‘‘ideological thunderbolts.’’ And that helps to spark unrest and distrust, and 91 percent of the people charged solely problem, again, this is not a partisan does not help us to get better. with failure to obey or ‘‘trustpass.’’ issue. Because we must get better, I intend for Blacks were 89 percent of the 1,353 peo- FBI Director James Comey, one of the FBI to be a leader in urging departments ple charged for making a false state- our highest law enforcement officers, around this country to give us the facts we ment to an officer; 84 percent of the to my knowledge, is a Republican. This need for an informed discussion, the facts all people were arrested for disorderly con- law enforcement officer speaks with of us need, to help us to make sound policy duct. clarity about the urgency and the need and sound decisions with that information. These challenges with policing are to address this issue within American This is the FBI Director talking complex. Even communities very con- policing. He says that, unfortunately, about the urgency of collecting data scious of and sensitive to these issues in places like Ferguson and New York and what the Justice Department has struggle with the equal application of City and in some communities around been doing for departments where peo- justice. I don’t just say this; I experi- this Nation, there is a disconnect be- ple are making a case for bias in polic- enced it. tween police agencies and many citi- ing. I know this because it happened in When I was mayor of Newark, we zens, predominantly in communities of Newark. The Justice Department were making a very conscious effort to color. Serious debates are taking place comes in and collects data, analyzes improve, yet we still found difficulties. about how law enforcement personnel the data, and comes to objective con- When the Department of Justice came relate to the communities they serve. clusions that are not, as Director to our city, they were able to do data This is Director Comey in a speech he Comey says, ‘‘ideological thunder- gathering that we did not do. Perhaps gave: bolts.’’ And what they seem to be find- we didn’t have the resources, didn’t un- Serious debates are taking place about how ing where they do these investigations derstand the urgency. But when the law enforcement personnel relate to the is: Do you know what? Yes, a lot of

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We ately warehousing poor people, ad- upset because the policing practices do use it to more effectively fight crime. dicted people, mentally ill people, and reflect bias, and there is not an equal But at a time of heightened suspicion people of color. application of the law. and concern, at a time when leaders What is beautiful about this issue If we are to breathe understanding are talking about the reality of im- amidst all of the negativity that I am and cooperation—trust me, I know plicit racial bias, the highest law en- expressing is that there is a bipartisan this—to lead to even more effective po- forcement officer in the land should re- coalition of Americans that range from licing, better police-community rela- spect the truth and direction of crimi- Grover Norquist, to Newt Gingrich, the tions, we need to get the data out nal justice reform. But it is not just in Koch brothers, Heritage Foundation, there. But we now have someone who is policing; it is also in how we are look- the American Enterprise Institute— nominated to the highest law enforce- ing at overall criminal justice reform. these are all folks on the right—who ment office in the land who has criti- In the United States of America, we believe we need to reform our criminal cized this kind of work during a time have seen now that our criminal jus- justice laws, joining with people like over the last few years that we have tice system since about 1980 on the me who are Democrats and Independ- seen cities erupting in protests. We Federal level has grown close to 800 ents, Christian Evangelicals who know have seen the call of hundreds of thou- percent, costing us as taxpayers bil- what the Bible says about people in sands, if not millions, of people trying lions and billions of dollars to lock up prison. All of these coalitions, from lib- to talk about Black Lives Matter, at a nonviolent offenders. We are dispropor- ertarians, to Christian Evangelicals, time when people are questioning law tionate with the rest of planet Earth. even some vegetarians—we all are com- enforcement. What Director Comey and We only have 4 to 5 percent of planet ing to a national consensus on criminal others are saying is: Let’s get to the Earth’s population, but one out of justice reform. bottom of this. Let’s not talk from sen- every four imprisoned people on the In this body, you have PATRICK timents or feelings; let’s talk from ex- planet Earth is right here in the United LEAHY and DICK DURBIN partnering perience and data. States of America. with the chairman of the Judiciary So Senator SESSIONS’ views on this Do not tell me that when it comes to Committee, CHUCK GRASSLEY; MIKE are out of date. They run contrary to human beings on the planet Earth, LEE; the Senator from Texas, Senator where criminal justice reform is mov- Americans have a greater proclivity for CORNYN—all came together to put to- ing. They are in direct conflict with criminality. That is just not true. Yet gether a bill that was talked about by the people whom his office obliges our so-called War on Drugs took us these law enforcement officers, a bill itself to serve. from being on par with the rest of plan- that would help us to bring justice to Given what he has said on the record, et Earth and suddenly shot us up with our criminal justice system, a bill that we can have no confidence that the an 800-percent increase on the Federal would help us reduce the level of incar- issue of policing will be a priority if he level—500 percent overall in our Nation ceration but empower people to be is leading the Justice Department. In in throwing people in jail. This is dis- more successful. fact, we actually, with some certainty, proportionately overwhelmingly non- What is astonishing about this is this can be confident that the Justice De- violent people. was not a bill showing leadership; it partment will not do this kind of ag- This drug war, incontrovertibly, has was showing followership because simi- gressive data collection to understand been persecuted on the poor. Drug laws lar bills are being passed in States all the facts—the kind of work the FBI Di- are not equally enforced in this coun- across our country, from Georgia to rector is calling for. try, leading one great legal mind in our Texas. Guess what they are finding out. But it is not just the FBI Director. country, Bryan Stevenson, to say: We When they lower their prison popu- Listen to a letter from a group of over have a nation that seems to sometimes lations, they lower crime as well. 160 law enforcement officials that was treat you better if you are rich and These mandatory minimums in our sent to the Senate about the need for guilty than poor and innocent. country have perverted our criminal comprehensive criminal justice reform. Well, let me tell you, in America, if justice system. In fact, most people They write: you just use the lens of race, there is still think that criminal justice is As current and former leaders of the law no difference between Blacks and about courts and judges and juries, but enforcement community—police chiefs, U.S. Whites for using drugs or dealing that is not the case. Since we have seen Attorneys, federal law enforcement, and drugs—none whatsoever. But if you are this War on Drugs, this race to put heads of national law enforcement organiza- African American, you are about 3.7 more and more mandatory minimums, tions—we believe that protecting public safe- times more likely to be arrested for what has actually happened is, now ty is a vital goal. Our experience has shown those nonviolent drug crimes. But the most criminal convictions happen us that the country can reduce crime while truth is, if you use just race, socio- through plea bargain—about 98 percent also reducing unnecessary arrests, prosecu- economic status, you look at these are done through plea bargain—not tions, and incarceration. We believe the Sen- tencing Reform and Corrections Act will ac- issues, you see the poorest Americans trials any more. complish this goal and respectfully urge you disproportionately filling our jails and There was a great book about why in- to support it. We appreciate your leadership prisons. But what is worse than that, nocent people plead guilty. That is be- on and concerns for the important criminal disproportionately you see addicted cause you suddenly have a nonviolent justice issues facing the country today. Americans not getting treatment, get- drug offense for doing things that past Our group, Law Enforcement Leaders to ting jail time; mentally ill people not Presidents have admitted to doing, but Reduce Crime and Incarceration, unites getting health care, getting jail time. you have a mandatory minimum more than 160 current and former police All of this is running up the bill to a charge thrown at you that you either chiefs, district attorneys, U.S. Attorneys, point in American history—at around and attorneys general from all 50 states. Our plead guilty to or we are going to take mission is to replace ineffective police poli- the time I went to law school to the you in for 5 years or more. cies with new solutions that both reduce time I became mayor of Newark, we Well, our law tried to do the obvious: crime and incarceration. To achieve this were building a new prison—about one Lower these mandator minimums. Stop goal, we focus on four policy priorities—one every 12 days. The rest of the world was wasting taxpayer money by putting of which is reforming mandatory minimum building better bridges, faster trains, nonviolent criminals in jail for ex- sentences. better infrastructure than us. Our in- traordinarily long times. Let me pause there for a second. The frastructure has been crumbling, but, I was just at a Federal prison in New wisdom in law enforcement now under- hey, as we are battling it out for infra- Jersey. I had the warden walking with stands that you have to build faith and structure bills in this body—or hope- me, telling me: There are people in legitimacy in a department, and you do fully will be—the reality is that we here way too long. They are not a dan- that through police-community rela- have been building out infrastructure ger, but we are paying tens of thou- tions. Law enforcement officers know like crazy, putting the rest of the sands of dollars a year to lock them up. that data collection is important. Earth to shame when it comes to build- Meanwhile, our kids can’t get money When I was mayor of Newark, we ing one type of infrastructure: pris- for public schools. We can’t get money made CompStat stronger and better— ons—overwhelmingly, disproportion- for fixing our roads.

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.262 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S880 CONGRESSIONAL RECORD — SENATE February 8, 2017 So this bipartisan coalition came to- I want to read from one of our great lic for which it stands, one nation under God, gether and put together legislation Americans, a man named Learned indivisible, with liberty and justice for all. that reflects what is happening in the Hand. Judge Learned Hand wrote a It is this spirit that, to me, must be States. That would have brought more speech called the ‘‘Spirit of Liberty.’’ emboldened in our country. We still justice to our criminal justice system, He hand-delivered the speech during have work to do. We still have chal- but it was fought against and criticized World War II to 1.5 million people. It lenges. We still have unfinished busi- by JEFF SESSIONS. was a time when a whole bunch of nat- ness. We have a position of Attorney But even beyond that, the Justice uralized citizens were there. He spoke General because there is still injustice. Department, acting on its own, has to first-generation Americans and folks It is not just the fact that we still have been lowering mandatory minimums, who could have traced their lineage crime in communities, still have people has been giving instructions to pros- far, far back. who live in fear of violence. That is a ecutors on nonviolent drug offenses not He writes: reality. But there are also people who to use mandatory minimums. We have gathered here to affirm a faith, a live in fear of hatred and in fear of dis- So with all of this, from policing, to faith in a common purpose, a common con- crimination. There are people who sentencing, to rehabilitation, to access viction, a common devotion. often don’t have people at the local to drug treatment, all of this reform Some of us have chosen America as the level to go to, and only the Federal that is going on—not in a partisan way land of our adoption; the rest have come Government can play that role of stri- at all—one of the few people standing from those who did the same. For this rea- son, we have some right to consider our- dent actor for justice. against this bipartisan work, not just selves a picked group, a group of those who There are still people who, for all criticizing the legislation but criti- had the courage to break from the past and these years, have their basic American cizing the Justice Department for their brave the dangers and the loneliness of a freedoms—like their right to vote— work, has been JEFF SESSIONS. strange land. What was the object that being undermined, where people in Why is this an issue that, just like nerved us, or those who went before us, to power are trying to craft ways to dis- voting rights, LGBT, freedom from this choice? We sought liberty—freedom courage, to stop them from exercising fear, freedom from violence, women’s from oppression, freedom from want, free- that franchise. We still have a nation rights—why is this issue important? dom to be ourselves. This then we sought; this we now believe that we are by way of in which people are striving for justice. Why is it an issue that should be seen winning. I am proud of the voices we have as so fundamental to our country? What do we mean when we say that first of heard tonight. I am proud of my col- What we are seeing is the issue of mass all we seek liberty? league ELIZABETH WARREN, who felt the incarceration affect our Nation in ways I often wonder whether we do not rest our need to stand up and speak her truth. I that most people don’t fully under- hopes too much upon constitutions, upon am proud of heroes like JOHN LEWIS stand. laws, upon the courts. These are false hopes; who testified and told his truth. It affects voting rights. One in five believe me, these are false hopes. Liberty lies in the hearts of men and I realize that the hour is late, but the Black folks in Florida has lost their women; when it dies there, no constitution, Senator from Hawaii is now here. right to vote because of felony dis- no law, no court can save it; no constitution, I oppose the nomination of JEFF SES- enfranchisement overwhelmingly in- no law, no court can even do much to help it. SIONS and will vote no on the floor, and volving drug crimes, often doing things While it lies there, it needs no constitu- I hope my colleagues will join me in that people in Washington, in elected tion, no law, no court to save it. doing so as well. offices, have admitted to doing. That And what is this liberty which must lie in Mr. President, I yield the floor. the hearts of men and women? It is not the affects voting rights. The PRESIDING OFFICER (Mr. COT- ruthless, the unbridled will; it is not freedom It affects poverty. One study came TON to do as one likes. That is the denial of lib- ). The Senator from Hawaii. out that said we would have about 20 erty, and leads straight to its overthrow. A Mr. SCHATZ. Mr. President, I am an percent less poverty in America if we society in which men recognize no check institutionalist. I believe in this place. had incarceration rates that were simi- upon their freedom soon becomes a society I love this place. People don’t always lar to other nations. Why would we where freedom is the possession of only a like the rules or how they are inter- have 20 percent less poverty if we savage few, as we have learned to our sorrow. preted, how they are administered, but didn’t have one-fifth of the global pris- What then is the spirit of liberty? the rules have historically differen- on population? Well, because when you I cannot define it; I can only tell you my tiated the Senate from any other legis- own faith. The spirit of liberty is the spirit make that mistake for doing some- which is not too sure that it is right; the lative body in the world, and I believe thing that George Bush or Barack spirit of liberty is the spirit which seeks to in that. Obama admitted to doing, when you understand the minds of other men and But what Senator WARREN did earlier create that felony crime, what happens women; the spirit of liberty is the spirit tonight was not over the line. And here is you come out of prison and you can’t which weighs their interest alongside its own we are worrying about decorum and get a Pell grant. You come out of pris- without bias; the spirit of liberty remembers rule XIX, which says that ‘‘No Senator on and you can’t get a job. You come that not even a sparrow falls to Earth in debate shall . . . impute to another out of prison and you can’t get food unheeded; the spirit of liberty is the spirit of Senator . . . any conduct or motive un- stamps. You have door after door him who, near two thousand years ago, taught mankind that lessons it has never worthy or unbecoming a Senator.’’ closed to you. learned, but has never quite forgotten—that And let’s be really clear here. This So these issues, taken together, are there may be a kingdom where the least would not be a problem if Senator SES- more than just about incarceration. It shall be heard and considered side-by-side SIONS were not a Senator. is about public safety. It is about em- with the greatest. In other words, anytime a Senator is powering communities. It is about And now in that spirit, that spirit of an nominated for a Cabinet position, you equal justice under the law. American which has never been, and which can be as positive as you want, but if The most powerful law enforcement may never be—nay, which never will be ex- you want to be as tough on a Senator office in the land sets priorities and cept as the conscience and courage of Ameri- who has been nominated as we have has to drive forward the ideals of our cans create it—yet in the spirit of America which lies hidden in some form in the aspira- been on Rex Tillerson or Betsy DeVos, country. tions of us all; in the spirit of that America you run the risk of breaking the rules. We are a nation that is great not just for which our young men are this moment Now let’s pause a moment to under- because, as I said earlier in my re- fighting and dying; in that spirit of liberty stand how divorced from reality this is. marks, of our founding document, and of America so prosperous, and safe, and While debating JEFF SESSIONS as the which, as Thurgood Marshall wrote, contented, we shall have failed to grasp its next Attorney General, ELIZABETH took a civil war and amendments, took meaning, and shall have been truant to its WARREN crossed an invisible line, and a an expansive vision of who is included promise, except as we strive to make it a sig- rule almost never used was invoked. in the ideal of ‘‘we the people,’’ but it nal, a beacon, a standard to which the best The rule was not invoked when some- is the spirit of America that has hopes of mankind will ever turn; in con- body called another Member a cancer. pushed forward, where people in posi- fidence that you share that belief, I now ask you to raise your hands and repeat with me The rule was not invoked when some- tions of power as well as grassroots this pledge: body called another Member a liar. folks embody that great American spir- I pledge allegiance to the Flag of the Now, this is ridiculous, but it is actu- it. United States of America, and to the Repub- ally not the main point. Here is the

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.264 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S881 point. Lots of people—almost every- fight for what is right and to lead that The failure of reform impacts the body in the world—everybody in this pursuit in making America more free lives of people who are hurt by unfair country does not have the luxury of and more just. That is the kind of ap- and outdated sentencing rules. It espe- worrying about decorum. What a lux- proach we need because that is what cially affects the families and commu- ury we have to debate if a stray com- the job demands. nities of color who have been ravaged ment crossed some theoretical line. The Attorney General leads the No. 1 by the overincarceration of minorities. This place, this place of privilege, watchdog for civil rights in our coun- The ACLU reports that sentences im- this place, the dome next door built by try. It is the Department charged with posed on Black men in the Federal sys- slaves, this place, where there were protecting voting rights and pros- tem are almost 20 percent longer than hardly any women or people of color or ecuting human trafficking and hate sentences imposed on White men with gay people out of the closet until very crimes. They determine and defend the similar crimes. Think about that—the recently, yet we spent hours worrying constitutionality of U.S. policies. Our same crime, and you get 20 percent about whether ELIZABETH hurt JEFF’s next AG will face critical challenges more time if you are African American. feelings or broke a sense of decorum. that will test our justice system and And while people of color are just as What a luxury it is to worry about our values. We need a leader com- likely as White people to sell or use il- that. mitted to protecting the rights of legal drugs, they are more likely to be In the meantime, Muslim families in every American regardless of race, reli- arrested. Think about how prepos- America are terrified. In the mean- gion, gender, national origin, or sexual terous that is—equal for justice for all, time, DACA kids are worrying about orientation. equal application of the laws, right? whether they have to go into hiding. In While I do like him as a colleague, People of color and Caucasians use drugs and distribute drugs in the same the meantime, LGBT youth are bullied Senator SESSIONS is the wrong person percentages, yet they are more likely in school. In the meantime, anti-Se- to serve as our Nation’s Attorney Gen- to be arrested. African Americans mitic attacks are on the rise across the eral. In my judgment, his policies, pri- make up 14 percent of regular drug country. orities, and overall philosophy fall users but 37 percent of people arrested And we are here worrying about short of the standard our country has for drug offenses. This raises the ques- whether it is impolite to quote in full for the leader of the Justice Depart- tion of bias in law enforcement. Sen- the statement of the widow of Dr. Mar- ment. Throughout Senator SESSIONS’ ator SESSIONS opposes holding State tin Luther King, Jr. career, he has been on the wrong side and local law enforcement accountable Look, I am for this body. I am old- of history. If you look at the key issues for racial bias and policing or the ex- school. I like the rules. I spend a lot of that this Attorney General will work cessive use of force. He has called the time talking with the Parliamentarian on, it is clear that Senator SESSIONS’ approach the Justice Department took at this desk so I can better understand views fall outside the mainstream of to this accountability an end run of the it. But this body and its rules have to America. democratic process. He has attacked be in service to the country. The coun- That is certainly true when it comes bipartisan efforts to reduce the sen- to criminal justice. Look at Senator try is not in service to the rules and tences of nonviolent, low-level drug of- SESSIONS’ opposition to the Sentencing the body of the Senate. fenders, and he opposed President Before I go on, I just want to thank Reform and Corrections Act. This bill Obama’s initiative to address racial the stenographers who are such a crit- was a big deal. It would have reduced disparities in our criminal justice sys- mandatory minimum sentencing for ical aspect of the Senate and have been tem and restore fairness by granting running marathon sessions—literally low-level, nonviolent crimes, while clemency. Senator SESSIONS was crit- keeping tougher penalties for serious marathon sessions. We rotate through. ical of a Justice Department initiative or violent crimes; it would strengthen There are at least 30 of us doing about that reduced overcrowding in Federal 30 hours of debate, but there are only drug addiction, rehabilitation and men- prisons by 20 percent over just the last seven of you, and your wrists are sore, tal health treatments, and improve our 3 years. your legs are sore. This is incredibly efforts to help people who were leaving Senator SESSIONS’ views on drug pol- challenging. Yet without you, we have prison to settle into their communities icy are maybe even more out of the no Senate RECORD. and get back on track. Everybody liked mainstream. He has been one of the So thank you for your service and it. Senator GRASSLEY introduced it most outspoken advocates against the your contributions to the world’s with cosponsors from both sides of the legalization of marijuana, both rec- greatest deliberative body. aisle. The bill had support from the reational and medicinal. In an April In his final speech as Attorney Gen- House Speaker, the International Asso- 2016 hearing, he suggested that the eral, Eric Holder gave us a warning and ciation of Chiefs of Police, the Major Federal Government must send the one that remains relevant in the Sen- Counties Sheriffs’ Association, the Na- message that ‘‘good people don’t smoke ate today. He said: tional District Attorneys Association, marijuana.’’ Beware those who would take us back to a the Leadership Conference on Civil and This is 2016. This isn’t 1975. This is past that has really never existed or that Human Rights, among many others. 2016. Our Attorney General nominee was imbued with a forgotten inequity. Our Even the Koch brothers liked this piece says ‘‘good people don’t smoke mari- destiny as Americans is always ahead of us. of legislation. That is because it tack- juana.’’ Tell that to the cancer victim. Today our country faces a stark led problems we all agreed needed to be Tell that to my good friend John Rad- choice. Do we want to pursue an imagi- solved. cliffe, who has stage 4 liver and colon nary past or do we want to continue to No one wants to see excessively puni- cancer. follow the path toward progress? Do we tive sentences that expand the Federal But Senator SESSIONS supports ag- continue in our struggle to form a prison population, which has grown by gressive Federal intervention in States more perfect union, to secure the bless- 734 percent between the year 1980 and that have legalized medical or rec- ings of liberty? It is hard to believe, 2015. No one wants to see unnecessary reational marijuana. He criticized the but these are the dramatic choices be- barriers that make it harder for for- Federal Government’s guidance on fore us as we consider the Cabinet merly incarcerated people to stay out Federal marijuana regulation, which nominations of this administration. of jail. No one wants to see taxpayer directed the Justice Department to re- And that choice is perhaps most clear money spent needlessly. spect the decisions of States to deter- in the nomination of our colleague So we had a thoughtful, bipartisan mine their own criminal laws. Because Senator JEFF SESSIONS for Attorney bill, but we were not able to enact it of this guidance, Federal prosecutors General. into law. Senator SESSIONS personally stopped targeting patients who rely on The Attorney General is the highest blocked the bill from being considered medical marijuana products for relief. law enforcement official in the coun- after it passed the Judiciary Com- They stopped targeting local try. He or she is the defender of Amer- mittee last Congress. And he said: dispensaries that are operating square- ican values, of human rights, and of ‘‘Federal drug and sentencing laws ly within State law. Instead they went civil rights, and this person needs to have already been considerably re- after criminal drug traffickers and vio- have an unbreakable commitment to laxed.’’ lent drug crimes. That seems like a

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.266 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S882 CONGRESSIONAL RECORD — SENATE February 8, 2017 smart prioritization of resources with- against the reauthorization of the Vio- want to see their friends and family in the Justice Department—not going lence Against Women Act because of a lose a job or even go to jail because of after people who want to utilize mari- provision that ensures that victims of whom they love, but that is the record juana to alleviate pain but rather domestic violence are not turned away that we are dealing with. going after violent drug crimes. That because of their sexual orientation or To be clear, these aren’t views from seems smart, but Senator SESSIONS op- gender identity. That is why he voted the 1970s. These are his views as of last posed that. against VAWA, because there is a pro- year. These are his current views on The respect for federalism reflected vision that says you have to provide these matters. in the Justice Department’s guidance services to individuals regardless of The Senator has a similarly out-of- should be right in line with conserv- their sexual identity. He advocated for step approach on immigration. Mr. ative values. Under the guidance, as stripping that provision and ultimately SESSIONS was instrumental in defeating long as States are preventing the dis- voted against the bill. As Attorney the 2007 immigration reform bill, refer- tribution of marijuana to minors, if General, he could choose not to enforce ring to it as ‘‘terrorist assistance.’’ He they are preventing the growing of this nondiscrimination clause. was a strong opponent of a 2013 bipar- marijuana on Federal lands, and if they Think about this. If a gay person is a tisan immigration bill, even though are stopping State-authorized mari- victim of sexual assault, are they not the bill had the strongest border secu- juana activities being used as fronts for morally and legally entitled to the rity provision ever seen in an immigra- other illegal activities, then the Jus- same humanity, the same protection tion bill. It was such a strong security tice Department doesn’t interfere. under the law? Senator SESSIONS has border provision that I hated it. I had I would like to quote from Senator repeatedly opposed hate crimes protec- to think about whether I was going to SESSIONS’ argument against this pol- tions against LGBTQ Americans, even vote for this thing because I felt it was icy. He said: attempting to insert a poison pill too much of a militarization of our I think one of Obama’s great failures that amendment to stop the Matthew southern border. I thought it was a is obvious to me is his lax treatment and Shepard and James Byrd, Jr., Hate giveaway and a waste of money. But it comments on marijuana. . . . It reverses 20 Crimes Prevention Act from moving had a strong border security provision, years almost of hostilities in drugs that forward. He has argued against Federal and it was voted out of the Senate by began really when Nancy Reagan started prosecution of hate crimes, saying on a wide margin. ‘‘Just Say No.’’ the Senate floor that there is no need If it were up to him, we would also But here’s the thing. There is a bi- for the Justice Department to get in- limit legal immigrants coming to our partisan consensus now that the drug volved. As Attorney General, Mr. SES- country. During the markup in the Ju- war is a failure. The drug war did not SIONS would be in charge of enforcing diciary Committee, Senator SESSIONS work. The drug war did not decrease the Hate Crimes Prevention Act. It is offered an amendment to limit legal the percentage of people utilizing ille- not a stretch to ask whether or not his immigration, which failed 17 to 1. If gal drugs. Every time the government enforcement would be vigorous. In fact, you are wondering whether it is rhetor- succeeded in shutting down a drug traf- Senator SESSIONS has repeatedly sup- ical to say his views on immigration ficking ring, another would pop up. ported laws that criminalize the are out of the mainstream, the record And a harsh penalty didn’t slow addic- LGBTQ community. In the 1990s, he shows 17 to 1—17 to 1. tion rates, it just incarcerated mostly tried to block an LGBTQ student con- In addition, he promotes cutting Fed- young men. They didn’t slow the flow ference—a student conference for gay eral funding for sanctuary cities. Sanc- of drugs; instead, they crowded our kids that ‘‘promoted a lifestyle prohib- tuary cities is a brand. People aren’t prisons, hurt taxpayers, and increased ited by sodomy and sexual misconduct sure what that means. Let’s be clear drug-related violence in other coun- laws.’’ He argued against a conference what we mean by that. Stripping fund- tries. for kids to give each other support and ing from sanctuary cities is wrong be- Now is the time to shift our strategy come up with strategies to survive bul- cause cities have decided that the and focus on people who struggle with lying, to understand that what they strength of their relationship between addiction. We also need to respect the are going through other kids are going their police and their citizens is more decision in many cities and States to through, arguing that it promoted a important for public safety than doing decriminalize drug possession. It is up lifestyle prohibited by sodomy and sex- the Federal Government’s job of en- to them as to how to ascribe relief to ual misconduct laws. And he sharply forcing immigration laws. citizens who could benefit from using criticized the legal decision that put a Senator SESSIONS, of course, is medical marijuana. rightful end to the criminalization of against the right of children born in There is another area where I believe same-sex relationships. the United States to be American citi- Senator SESSIONS is out of the main- He supported don’t ask, don’t tell, zens. He is against helping the many stream, and that is his views on saying that it was pretty effective. And DREAMers in this country. LGBTQ equality. Senator SESSIONS op- he opposed the repeal of that law. Let’s have an honest discussion posed the Employment Nondiscrimina- On marriage equality, Senator SES- about immigration. We need to start tion Act, a bill that I was proud to sup- SIONS has vowed to work again and talking about why people come to this port that would have ended workplace again to amend the Constitution to country. Some of them come because discrimination for LGBTQ people. prohibit same-sex marriage. We went they want to escape their own awful Right now there are no Federal laws through this in 1998 in the State of Ha- circumstances and live in freedom and that explicitly protect LGBTQ individ- waii. How unusual it is to enshrine in opportunity. It is my grandparents es- uals from discrimination. That is not the Constitution the removal of a caping the Ukraine. It is my wife’s because we haven’t tried. Last Con- right. grandparents leaving China. It is the gress, I cosponsored a bill to prohibit I want you to just think about that— Schatz; it is the Binders; it is the this kind of discrimination, but even that you want to amend the Constitu- Kwoks. It is Albert Einstein; it is Mad- without a law on the books, the Justice tion, not to provide additional rights, eleine Albright. This is who we are. We Department has interpreted the Civil not to clarify something, but to explic- are people from all over the world who Rights Act to include sexual orienta- itly prohibit Americans from having a are united not by our ethnic extraction tion and gender identity. That could certain right. or our religious affiliation, but tied to- change, however, under the next Attor- I don’t think there are many families gether by our love for America and our ney General. who would agree on Senator SESSIONS’ belief in this country as the beacon of As head of the Justice Department, views here. People don’t want their hope, the shining city on the hill. The Senator SESSIONS could choose to in- sons and daughters to have to hide idea that we would shred that legacy in terpret the law differently, and his their sexuality in order to serve their the face of some imaginary public de- record gives us every reason to be con- country. They don’t want to go back to sire for immigration reductions, frank- cerned. Senator SESSIONS also voted the days when our Nation failed to rec- ly, is disturbing. against the reauthorization of the Vio- ognize the legitimacy of same-sex rela- Look at the protests happening every lence Against Women Act. He voted tionships. And they certainly don’t weekend at our country’s international

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.267 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S883 airports. Americans are not out in the Let’s be honest. Our right to vote is that low-income women have access to streets demanding that we shut off the being restricted. It is being restricted contraception, breast cancer screening, lamp outside the golden door. They are even though the United States has and other health services. He has voted demanding that we stay true to our some of the lowest voter turnout of time and again to defund Planned Par- history and to our roots. any developed democracy on the plan- enthood, an organization that provides That is why we saw close to 100 com- et, and it is being restricted based on a health care to some of the most under- panies file a legal brief earlier this lie. There is no voter fraud. Voter fraud served women across the country. Fi- week against the Muslim ban put in is not the problem. Voter disenfran- nally, Senator SESSIONS voted against place by the President and imple- chisement is the problem. the Violence Against Women Act, not mented by a man who has been I talked with a buddy of mine back once but three times. mentored by Senator SESSIONS. The home who was watching FOX News and Senator SESSIONS’ voting record brief they filed notes an important sta- he was watching MSNBC, and he said: should concern everyone who cares tistic about our country. More than 200 Democrats are saying there is voter about fair pay, reproductive rights, ac- companies currently listed on the For- disenfranchisement and Republicans cess to health care, and access to serv- tune 500 list are founded by immigrants are saying there is voter fraud, and I ices for survivors of domestic violence. or the children of immigrants, and this don’t know what to believe. Well, here The last policy area I want to high- stands in direct contrast to the nomi- are the facts. There is a vanishingly light is our environment and climate nee’s views. If immigrants are coming small amount of voter fraud. You are change. Just 2 years ago, the nominee to the United States and starting busi- more likely to be struck by lightning voted for a resolution that would kill nesses and hiring people, they aren’t than to be convicted of voter fraud. the Clean Power Plan. He also voted taking jobs from Americans. They are This is a made-up problem. Why would for a bill that would deny protections creating jobs for Americans, and that you make up a problem such as this? for streams that are the water source has been the story of our country since Because it gives you a context and a for hundreds of millions of Americans. the very beginning. pretext to do the systematic disman- This is bad news for the world’s race Immigration is one of the corner- tling of voting rights. This is hap- to address climate change, which is one stones of our country, and the nomi- pening in North Carolina, this is hap- of the biggest civil rights battles of our nee’s policy proposals would chip away pening in Wisconsin, and this is hap- time. This isn’t just a battle against at that. pening all over the country. fossil fuels. It is a battle to save the air The world is watching. History is The final policy area I would like to we breathe and the water we drink. It watching. We have to ask ourselves: raise is women’s rights. The nominee’s is a battle to save the land we live on. What do they see? Do they see Lady record is very clear on these issues. He It is a battle for things that we take Liberty? Or do they see something else, opposed the Lilly Ledbetter Fair Pay for granted. something darker? Act, which lifts the legal restrictions I worry that under an Attorney Gen- Our country is asking similarly omi- for people who may have faced pay dis- eral Sessions, we are going to have a nous questions about the basic, most crimination. That, in itself, is extraor- hard time. That is because even if we fundamental right in our society, and dinary, because Lilly Ledbetter is from really don’t have great laws on cli- that is the right to vote. Our country’s Senator SESSIONS’ home State. She mate—and we don’t yet—they are history books are filled with stories of worked in a factory in Alabama for being rolled back as we speak. Even if the struggle for voting rights, of Afri- years, and then one day someone Senator SESSIONS does not push back can-American men risking it all to go slipped her an anonymous note—what a on those laws, he still has the ability to the polls and women in white story. Someone slipped her an anony- to prioritize certain things over others. marching through the streets of Wash- mous note that said: You are paid way So it is not just his policies that we ington, DC, demanding to vote. But less than everyone else in this same need to consider. It is also his prior- that struggle and that progress is in job. ities. danger with the kinds of policies that But when Ms. Ledbetter tried to ad- Every AG makes decisions about are being promoted. It is on all of us to dress the pay disparities, she hit a what problems the Justice Department honor that history and make sure that brick wall and at every turn. When she should move to the front of the line. I whoever is eligible to vote is able to turned to the justice system for help, have seen lots of reports that leave me vote. This is the bedrock of all other she found that the laws had statutes of wondering if Senator SESSIONS’ prior- rights, because it is what gives us the limitations that kept her from getting ities might be misguided. voice when incumbent leaders and our the pay she was denied for years and The Web site FiveThirtyEight wrote representatives fail to protect the years and years, working side by side a piece about Senator SESSIONS’ con- other rights. with men, doing the same job, and get- In his testimony to the Senate Judi- firmation process, and I wish to read a ting paid less in that factory. section of it now. ‘‘I care about civil ciary Committee, Mr. SESSIONS said: The Lilly Ledbetter Fair Pay Act rights,’’ Sessions said. ‘‘I care about The Department of Justice must never fal- changes that. It makes it so that if voting rights.’’ Sessions has cited his ter in its obligation to protect the civil women find themselves in an ugly, un- rights of every American, particularly those record as evidence. who are most vulnerable. A special priority equal pay structure, just as Ms. In 2009, he said he’d been involved in 20 or for me in this regard would be aggressive en- Ledbetter did—and we all know people, 30 desegregation cases as a prosecutor, and forcement of our laws to ensure access to the such as sisters, wives, children, and this year, he told the Judiciary Committee ballot for every eligible American voter, mothers who have a suspicion they are that four civil rights cases were among the without hindrance or discrimination, and to pretty much doing the same thing to 10 most important cases he’d worked on in ensure the integrity of the electoral process. them, especially in a factory setting, a his career. Some committee members were But his record does not support that blue collar setting, or a clerical set- skeptical. Democratic Sen. Al Franken of Minnesota view. Senator SESSIONS supports voter ting. This is not impossible to decipher said Tuesday that Sessions had overstated ID laws that will disenfranchise many, when you have the same job descrip- his role in the anti-segregation litigation. many voters. He has called the Voting tion. This is an area where the administration’s Rights Act ‘‘intrusive,’’ and he has Just as Ms. Ledbetter did, they can priorities are clearly going to matter. praised the Supreme Court ruling that do something about it. The number of anti-discrimination and dismantled a key part of the Voting Senator SESSIONS voted against that voting-rights cases brought by the Justice Rights Act. He has already had his law. He also voted against another Department civil rights division dropped nomination rejected by the Senate be- equal pay bill called the Paycheck sharply under President George W. Bush cause of his views on this issue. Fairness Act, which would go even fur- compared with his predecessor, Bill Clinton. This should concern anyone and ev- The Voting Rights Act recently moved closer ther and try to close the gender wage to Sessions’ personal beliefs. eryone who cares about our democracy gap. When a 2013 Supreme Court ruling weak- because, at the most basic level, de- On women’s health, his record is ened the law, Sessions said it was ‘‘good mocracy is built on the ability of similarly troubling. He has opposed news . . . for the South.’’ On Tuesday, Ses- American citizens to go to the polls. funding for title X, which would ensure sions called the act ‘‘intrusive.’’

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.269 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S884 CONGRESSIONAL RECORD — SENATE February 8, 2017 So what does this write-up say about Sessions helped devise the President’s of He-Man from the popular 1980s comic book what priorities an Attorney General first-week strategy, in which Trump signed a series. Sessions might choose? Well, to me, it blizzard of Executive orders that begin to As he weighed a presidential run, Trump says that voting rights are going to be fulfill his signature campaign promises—al- liked what he saw in Sessions, who was tight though Sessions had advocated for going with the constituencies Trump was eager to dealt a bigger blow than we have seen even faster. The senator lobbied for a ‘‘shock rouse on the right. in the past few years. Again, we come and awe’’ period of executive action that ‘‘Sessions was always somebody that we back to the sense of being extreme. would rattle Congress— had targeted,’’ said Sam Nunberg, Trump’s Senator SESSIONS’ priorities and his I think we got that— political adviser at the time. In May 2015, Nunberg said, he reached out policy views are not in the mainstream impress Trump’s base— for the Justice Department. to Miller, then an adviser to Sessions, to ar- I don’t think the American people I assume we got that— range a phone call between Trump and the are comfortable with letting politics and catch his critics unaware— senator. The two hit it off, with Trump tell- about policing trump data. I don’t I don’t know about that— ing Nunberg, ‘‘That guy is tough.’’ The next month, Trump declared his can- think they are comfortable with over- according to the two officials involved in the didacy. In August of that year, Sessions looking our history and our commit- transition plan. joined Trump at a megarally in the senator’s ment to democracy. So why are we Trump opted for a slightly slower pace, home town of Mobile and donned a ‘‘Make comfortable with this nomination? these officials said, because he wanted to America Great Again’’ cap. By January 2016, The final area I want to touch on is maximize news coverage by spreading out his Miller had formally joined the campaign and directives over several weeks. Trump makes Senator SESSIONS’ philosophy. The was traveling daily with the candidate, writ- his own decisions, but Sessions was one of ing speeches and crafting policies. Washington Post published a news arti- the rare lawmakers who shared his impulses. cle about a week ago that looks at the There are limits to Sessions’s influence, That Washington Post article offers a Executive orders we have seen out of however. He has not persuaded Trump—so look into the nominee’s philosophy. this White House. It is called ‘‘Trump’s far, at least—to eliminate the Deferred Ac- Out of the gate, the President has hard-line actions have an intellectual tion for Childhood Arrivals program, under pushed for all punishment and no godfather: Jeff Sessions.’’ which children brought to the United States mercy. The administration has shown a I would like to read a few excerpts illegally are allowed to stay in the country. willingness to trample on rights to sat- from the article. Sessions became a daily presence at Trump isfy political objectives. This should Tower in New York, mapping out the policy In jagged black strokes, President Trump’s agenda and making personnel decisions. trouble everybody on both sides of the signature was scribbled onto a catalogue of Once former New York mayor Rudy Giuliani aisle who cares about Executive over- executive orders over the past 10 days that was out of consideration for secretary of reach. translated the hardline promises of his cam- state, Trump considered nominating Ses- This week, John Yoo—the driving paign into the policies of his government. sions because he was so trusted by the inner force of enhanced interrogation under The directives bore Trump’s name, but an- circle, including Kushner, although Sessions’ other man’s fingerprints were also on nearly the Bush administration, the torture preference was to be attorney general, ac- man, the famous John Yoo from the Of- all of them: Jeff Sessions. cording to people familiar with the talks. The early days of the Trump presidency Since his nomination, Sessions has been fice of Legal Counsel, the John Yoo de- have rushed a nationalist agenda long on the careful to not be formally involved even as monized by progressives for sort of fringes of American life into action—and his ideas animate the White House. In a being the key thinker behind under- Sessions, the quiet Alabamian who long cul- statement Sunday, he denied that he has had standing Executive power as more ex- tivated those ideas as a Senate backbencher, ‘‘communications’’ with his former advisers pansive than it had ever been under- has become a singular power in this new or reviewed the executive orders. Washington. Sessions’ ideology is driven by a stood before—this week, John Yoo visceral aversion to what he calls ‘‘soulless I have no reason to doubt that he es- came out saying that he thinks this globalism,’’ a term used on the extreme right tablished a proper distance while he President has taken Executive power to convey a perceived threat to the United was the nominee. too far. John Yoo is saying that—not States from free trade, international alli- Sessions has installed close allies through- SHELDON WHITEHOUSE, not the ACLU; ances and the immigration of nonwhites. out the administration. He persuaded Cliff John Yoo from George W. Bush’s ad- And despite many reservations among Re- Sims, a friend and adviser, to sell his Ala- ministration. If that is what John Yoo publicans about that world view, Sessions— bama media outlet and take a job directing is saying, then we should all be wor- whose 1986 nomination for a federal judge- message strategy at the White House. ship was doomed by accusations of racism ried. Sessions also influenced the selection of Think of what the President might that he denied—is finding little resistance in Peter Navarro, an economist and friend with Congress to his proposed role as Trump’s at- whom he coauthored an op-ed last fall warn- do with an Attorney General in place torney general. ing against the ‘‘rabbit hole of globalism,’’ who shares his philosophy on immi- Sessions’ nomination is scheduled to be as director of the National Trade Council. grants, minority communities, gay voted on Tuesday by the Senate Judiciary John Weaver, a veteran GOP strategist Americans, voting rights, and women’s Committee, but his influence in the adminis- who was a consultant on Sessions’ first Sen- rights. tration stretches far beyond the Justice De- ate campaign and is now a Trump critic, said The NAACP has pulled together a list partment. that Sessions is at the pinnacle of power be- From immigration and health care to na- of facts about the Senator that further cause he shares Trump’s ‘‘1940s view of for- tional security and trade, Sessions is the in- flushes out this philosophy, and it is tress America.’’ tellectual godfather of the President’s poli- ‘‘That’s something you would find in an deeply concerning. cies. His reach extends throughout the White Allen Drury novel,’’ Weaver said. ‘‘Unfortu- In July 2015, during the confirmation hear- House with his aides and allies accelerating nately, there are real consequences to this, ing of a district court nominee from Mary- the president’s most dramatic moves, includ- which are draconian views on immigration land, Sessions made the nominee answer for ing the ban on refugees and citizens from and a view of America that is insular and not her career as a public defender and civil seven mostly Muslim nations that has trig- an active member of the global community.’’ rights lawyer, and invoked Freddie Gray, the gered fear around the globe. Inside the White House and within teenager unlawfully arrested and killed by The tactician turning Trump’s agenda into Sessions’s alumni network, people have Baltimore police in 2015, as a client inappro- law is deputy chief of staff Rick Dearborn, taken to calling the Senator ‘‘Joseph,’’ refer- priate for a lawyer nominated to the bench: Sessions’ long time chief of staff in the Sen- ring to the Old Testament patriarch who was ‘‘Can you assure the police officers in Bal- ate. The mastermind behind Trump’s incen- shunned by his family and sold into slavery timore and all over Maryland that might be diary brand of populism is chief strategist as a boy, only to rise through unusual cir- brought before your court, that they’ll get a Stephen K. Bannon, who, as chairman of the cumstances to become right hand to the fair day in court and that your history would Breitbart website, promoted Sessions for pharaoh and oversee the lands of Egypt. not impact your decisionmaking?’’ he asked. years. In a 20-year Senate career, Sessions has ‘‘And I raise that particularly because I see Here’s a quote from Bannon: been isolated in his own party, a dynamic your firm is representing Mr. Freddie Gray Throughout the campaign, Sessions has crystallized a decade ago when he split with in that case that’s gathered so much atten- been the fiercest, most dedicated, and most President George W. Bush and the business tion in Maryland, and there’s lots of law en- loyal promoter in Congress of Trump’s agen- community over comprehensive immigration forcement officers throughout the state and da, and has played a critical role as the changes. they want to know that they don’t have clearinghouse for policy and philosophy to In lonely speeches on the Senate floor, Ses- someone who has an agenda to bring to the undergird the implementation of that agen- sions would chastise ‘‘the masters of the uni- bench—can you assure them that you won’t da. verse.’’ He hung on his office wall a picture bring that to the bench?’’

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.270 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S885 In December 2010, Sessions took to the inner circle, but he does not represent the rights, for immigrants’ rights, and that Senate floor to rail against judicial nomi- values of our democracy. means we must vote no on JEFF SES- nees who have what he calls ‘‘ACLU DNA’’ or Given his approval of the ban on immigra- SIONS for Attorney General. the ‘‘ACLU chromosome.’’ The ACLU ‘‘seeks tion, I believe he will help the president I urge my colleagues to join me in to deny the will of the American people,’’ he radicalize and destabilize this country. opposing this nomination. said, ‘‘and has taken positions far to the left Another person mentioned the I yield the floor. of mainstream American and the ideals and former Acting Attorney General, who I suggest the absence of a quorum. values the majority of Americans hold dear.’’ was fired by the President because she The PRESIDING OFFICER. The In October 2009, Sessions opposed a district court nominee and former ACLU staff attor- was true to the word she gave Senator clerk will call the roll. ney by saying, ‘‘I think we’re seeing a com- SESSIONS in her own confirmation hear- The legislative clerk proceeded to mon DNA run through the Obama nominees, ing. Sally Yates said what so many call the roll. and that’s the ACLU chromosome.’’ people are thinking, which is that this Mr. COTTON. Mr. President, I ask I know people have mixed feelings Muslim ban cannot stand. unanimous consent that the order for the quorum call be rescinded. about the ACLU. Sometimes I have Here is another letter from Hawaii: The PRESIDING OFFICER (Mr. mixed feelings about the ACLU. But re- I’m writing to express my most heartfelt disappointment at the direction our country TILLIS). Without objection, it is so or- member what happened when this Ex- dered. ecutive order was issued: It was the is quickly taking with the Trump adminis- tration. APPOINTMENTS ACLU that took them to court to pro- While I accept that those with more con- The Chair announces, on behalf of tect every American’s civil liberties, servative views than mine are now in power, the majority leader, pursuant to the and they were the ones who won in I find the actions being taken a gross and provisions of Public Law 68–541, as court right away. So I say that we need crass disregard of our diverse and tolerant amended by the appropriate provisions national identity. to have special respect for the lawyers of Public Law 102–246, and in consulta- who protect our civil liberties. I want to end by making something tion with the Democratic leader, the These events should give us all pause very clear: We can respect Senator reappointment of the following individ- because our country has long associ- SESSIONS as a colleague while still be- uals to serve as members of the Li- ated groups like the NAACP and the lieving that his policies, his priorities, brary of Congress Trust Fund Board for ACLU with the mission of the Justice and his philosophy are too extreme for a five year term: Chris Long of New Department, and now we may have an the Justice Department. And there are York and Kathleen Casey of Virginia. Attorney General who has, at least in too many issues that this country Mr. COTTON. Mr. President, I have the past, relished opposition to these cares about to confirm him as Attor- to admit that this is a bittersweet mo- groups. ney General. ment for me. I come here tonight to ex- Before concluding, I just want to say If you care about criminal justice re- press my support for JEFF SESSIONS’ that I understand there may be a dis- form, if you care about seeing fewer nomination to be the next Attorney tinction between politician-elected of- people go to jail for petty crimes, if General of the United States. It is a ficial representing a certain State and you care about directing fewer tax- high honor, and the nominee is more a certain perspective JEFF SESSIONS, payer dollars to the prison industry, than worthy. The truth is, I will be sad Senator SESSIONS, and Attorney Gen- then you have to be opposed to this to see him go. eral Sessions. This sometimes does nomination. In all the time I have known Senator happen as people move from legislative If you care about the LGBT commu- SESSIONS, I have found him to be a con- to executive or as they advance in nity; if you believe that people summate gentleman. We actually met their careers. It is entirely possible, shouldn’t be discriminated against or before I entered the Senate. It was 2013. and I sure hope that there will be an punished because of whom they love; if I was serving in the House of Rep- evolution, that he understands he may you believe that people, regardless of resentatives—a first-term Congress- have his views or he may have been their identity, should be able to get man. Senator SESSIONS, of course, was vigorously advocating for the views of married or wear our Nation’s finest my elder in both age and rank. Yet he his constituents, but now he has a dif- uniform, then you have to be opposed. reached out to me humbly to discuss a ferent role as the chief law enforce- If you care about immigration; if you hot topic—immigration. Back then, ment officer for the United States of believe in immigration; if you are a there was an effort afoot to force America, somebody who is there to up- business owner who wants to hire the through Congress a massive immigra- hold equal justice for everyone. best and the brightest; if your family tion bill the American people clearly So as critical as I have been of his came to this country to pursue the did not want. So the two of us worked together to stop it, and I am glad to record, I hope to be proven wrong. American dream; if you are a person of faith who believes in caring for those say we were successful. There are people on the other side of I took away more from that experi- who suffer, for the stranger in our the aisle and one Democrat on our side ence than an appreciation of the Sen- midst, you have to be opposed to this of the aisle whom I respect greatly who ator’s legislative skills. I got a sense of nomination. really love JEFF SESSIONS. I hope ev- his character: how he saw the world, If you care about women’s rights; if erything they believe about him and what he believed, and why. If I had to you believe that women are not to be the way he will conduct himself as At- sum it up, I would say this is a man torney General ends up being true. I treated like second-class citizens, that who loves the law—who has spent dec- just don’t see any evidence for that our daughters are just as capable as ades doing all he could. yet, other than the word of my col- our sons and that they have the right Senator SESSIONS knows the law leagues. That means a lot, but the to make their own decisions about shouldn’t be the spider’s web of old, record is too decisively against all of their own health care; if you believe which catches the weak but cannot the things I care for and all of the they should be paid the same for doing constrain the mighty. It is supposed to things I believe are important in an At- the same job, then you have to be op- uphold the entire community so all torney General. posed. Americans can thrive. What we have is I know I am not alone in having If you care about our democracy; if a legal system that at its best strives these concerns. Millions of people have you want people to raise their voices to be a justice system. signed petitions, made calls, and posted and take part in shaping the future of I think if you look at Senator SES- online in opposition to this nominee. our country; if you are dismayed to SIONS’ career, you can see the same I have received very thoughtful mes- know that millions of people are being qualities represented by the balance, sages from people in Hawaii about Sen- prevented from voting not because the blindfold, and the sword of Lady ator SESSIONS. I wish to quote a few of they aren’t eligible but because of Justice. First, like the balance, he has them. senseless laws that restrict their a judicious mind—honed over his 12 I’m writing as a thoughtful voter and rights, then you have to oppose this years as a U.S. attorney and his 2 years human being that Mr. Sessions is not the nomination. as attorney general of the State of Ala- right man for the job of Attorney General. The Senate must stand up for civil bama. He evaluates the evidence care- He may be a friend of the president and his rights, for voting rights, for women’s fully and comes to a well-considered

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.272 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S886 CONGRESSIONAL RECORD — SENATE February 8, 2017 conclusion. I would argue it is this tional policy in place. So it has been partment’s Civil Rights Division under very approach that led him to advocate part of our journey, the story of Amer- President Obama. For more than half a for an immigration system that works ica, that we have strived to form a century, the Justice Department’s for working Americans. I have every more perfect union. We have worked Civil Rights Division fought for and en- confidence, as our top law enforcement over time—like Martin Luther King forced laws that uphold the basic officer, he will keep the interests of said, the long arc of history bends to- rights of all Americans, steadily ex- American citizens uppermost in his ward justice. panding opportunities. mind. But we have worked to bend toward The work of that division was stifled, Second, like the blindfold, he is im- justice. Our vision of opportunity was restricted in many ways during George partial and fair-minded. I think of the incomplete at the founding of our Na- W. Bush’s administration. But under fair sentencing law he passed, with bi- tion. It was not extended to all genders President Obama, the Civil Rights Di- partisan support, to bring harsh pen- and all ethnicities and all races. We vision has worked hard to apply, in a alties that fell disproportionately on have worked hard to change that, but powerful way, civil rights for all Amer- African Americans more in line with here we are at this point in time, still icans. In just the last few weeks of the the kinds of penalties that fell on other not at the end of that journey. Obama administration, they won the criminals. I also think of his work on Part of the question is, How does any first hate crime case involving a behalf of a more equitable distribution given individual fit into the position of transgender victim, they sued two cit- of funding for HIV-AIDS patients. Just Attorney General in that fight for that ies that were blocking mosques from opening, they settled lending discrimi- as Senator SESSIONS strove to rep- more perfect vision of our Nation? resent the interests of all Alabamians, So I thought I would share a little bit nation charges with two banks and sued a third, they filed legal briefs on I think Attorney General Sessions will about that. Hillary Shelton, the Direc- behalf of New York teenagers held in strive to uphold the rights of all Amer- tor of NAACP’s Washington office, told solitary confinement, and they accused icans. the New Republic that Senator SES- SIONS has ‘‘consistently opposed the a business in Louisiana of moving men- Third, like the sword, Senator SES- bread and butter civil rights agenda.’’ tal patients into nursing homes. They SIONS believes in swift and strong en- were actively, aggressively fighting for forcement. Perhaps the best argument When the Supreme Court gutted the the rights of all Americans. for his candidacy is the extensive list Voting Rights Act of 2013 with Shelby v. Holder, Senator SESSIONS celebrated Many wonder now, under the new ad- of endorsements he has received: the the decision saying: If you go to Ala- ministration, whether we will have a Fraternal Order of Police, the National bama, Georgia, North Carolina, people powerful Civil Rights Division fighting Sheriffs’ Association, and the list goes are not denied a vote because of the for those whom others would choose to on. I would think such widespread sup- color of their skin. exploit. Senator SESSIONS has port among the people he would over- Well, indeed, part of this—the point downplayed the need for the Justice see would make a deep impression on is, when the Voting Rights Act was in Department to prosecute crimes any Senator’s mind. If the people who place, it prevented many activities against women and members of the actually enforce the law believe in his that would have otherwise denied the LGBTQ community, saying: I am not leadership, then so do I. vote. We have seen the resurgence of sure women or people with different So I am sorry to see him say goodbye all kinds of measures since the Voting sexual orientations face discrimina- to this august body, but I am confident Rights Act was modified by the Su- tion. I just don’t see it, he said. he will serve the American people well. preme Court, which it eliminated key Well, if you talk to LGBTQ Ameri- He is the right man for the job. I urge provisions. cans, they will tell you their stories of all Senators to vote for his confirma- We have seen the ‘‘almost surgical harassment and discrimination. So it is tion. precision’’ of North Carolina’s voter ID very hard not to be aware of the ex- Mr. President, I yield the floor. law that the Fourth Circuit Court of traordinary amount of discrimination I suggest the absence of a quorum. Appeals struck down because they were they experience, unless you are deter- The PRESIDING OFFICER. The created specifically to reduce the vote mined not to see it. To those who say clerk will call the roll. of African Americans. We are living in we don’t see discrimination, if you ask, The legislative clerk proceeded to times that it just feels like our Nation you will hear the stories of discrimina- call the roll. is a bit under siege. tion. You will hear the stories of Mr. MERKLEY. Mr. President, I ask During the campaign of last year, we profiling, individual young African- unanimous consent that the order for had so many divisive attacks as part of American men picked out time and the quorum call be rescinded. the Presidential primaries. Even dur- time again to be stopped and ques- The PRESIDING OFFICER (Mr. ing the general election, very divisive tioned at a rate that someone of a dif- PERDUE). Without objection, it is so or- rhetoric passed from the man who ferent skin color would not experience, dered. would then become our President, but you do not see it unless you open Mr. MERKLEY. Mr. President, I am President Trump—attacks on women, your eyes to see it. At his confirmation rising to speak this morning about the attacks on minorities, attacks on Afri- hearing, Senator SESSIONS said: These nomination of our colleague, Senator can Americans, attacks on Hispanics, lawsuits undermine respect for police JEFF SESSIONS from Alabama, to be- attacks on people with disabilities. officers. He was referring to the inves- come the 84th Attorney General of the Yet, against that, we have a vision of tigation of two dozen police agencies, United States. As the highest law en- a system of law that treats everyone knowing that the Civil Rights Division forcement officer in the land, it is the equally, impartially. We learned when reached consent decrees with 14 of responsibility of the Attorney General we were children that Lady Liberty them. to ensure that all Americans receive wears a blindfold with the scales of jus- He said: These lawsuits undermine the equal justice under the law they tice in her hand. We need an Attorney the respect of police officers and create are entitled to as American citizens. General who has at their core that vi- an impression that the entire depart- A commitment to that equal justice sion of impartial justice, justice for ment is not doing their work con- has rarely been more necessary than it every American, justice regardless of sistent with fidelity to law and fair- is today. We need an Attorney General skin color, regardless of ethnicity, re- ness. Well, let me explain that the rea- wholly committed to serving the peo- gardless of geography. That is essen- son the departments were investigated ple of the Nation, and we need an At- tial, and we need it now particularly in is because there were a lot of reports torney General who fights to expand a powerful way to help address the di- that in fact they were not doing their American’s civil rights, not to restrict visive rhetoric of the last year, which work consistent with fidelity to the them, hobble them, or eliminate them, has left many people doubting that law. It was not an impression; it was a or to eliminate the Justice Depart- their government is willing to fight for report about failure to do that. ment’s Office of Civil Rights. them, that they will receive this form Don’t we want an Attorney General We need an Attorney General who of impartial justice. who rather than relegating the com- will stand up to the President when he We have seen what has happened plaint to, well, don’t pursue them be- tries to put an illegal and unconstitu- with the strong work of the Justice De- cause it creates an impression they are

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.274 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S887 not doing work, instead says: These are ally protected activity, like voting or the 5,462 so-called single-bias hate complaints we must investigate and going to schools. It is much, much crimes reported to the FBI in 2014 were remedy that situation. That is the re- broader. It gives Federal authorities a because of the person’s sexuality or sponsibility of the Civil Rights Divi- greater ability to engage in hate perceived orientation. sion, to investigate and to remedy, and crimes investigations that local au- Another issue was raised in 2010 when that is what this division did under thorities choose not to pursue. the proposal was put forward to repeal President Obama. They didn’t turn a It provided funding for fiscal years a discriminatory law in the military, blind eye. They didn’t say that would 2010 to 2012 to help State and local the don’t ask, don’t tell law, which be embarrassing to the Department, agencies pay for investigations and barred openly gay and lesbian individ- but my colleague had a different take, prosecuting hate crimes. uals from serving in our armed serv- saying: We need to be careful before we It requires the FBI—the Federal Bu- ices. My colleague, our nominee, said do that because it might create an im- reau of Investigation—to track statis- that gay servicemembers would have a pression that they are not doing their tics of hate crimes based on gender and corrosive effect on morale, essentially work well. Just think if we take that gender identity. Hate crimes for other saying discrimination is justified be- attitude. groups were already being tracked. cause of the prejudices of others who We anticipate to have hearings for a It was named after Matthew Shepard serve. But it is not justified, and the labor commissioner. The nominee for and James Byrd, Jr. In 1998, Matthew prejudices have taken a bit of move- Labor runs a company that has a tre- Shepard, a student, was tied to a fence, ment along that journey toward jus- mendous number of Hardee’s and Carl’s tortured, and left to die in Laramie, tice. Jr. outlets, and those outlets have a WY, because of his sexuality. In that More than 14,500 people were dis- horrendous record of labor rights same year, James Byrd, an African- charged from the military during the abuses, but we wouldn’t know about American man, was tied to a truck by 18 years of don’t ask, don’t tell. An es- those abuses if the investigator said: two White supremacists. He was timated 66,000 lesbian, gay, and bisex- We won’t investigate because it might dragged behind it and was decapitated ual servicemembers were in the mili- create an impression that they are in Jasper, TX. At the time, Wyoming tary at the time the ban was lifted. But doing something wrong. hate crime laws did not recognize ho- here is what happened after that 2010 So I am very concerned about the at- mosexuals as a subset class, and Texas change—a change that our nominee op- titude that you don’t investigate be- had no hate crimes laws at all. posed. The military family embraced cause you might embarrass someone. Supporters of an expansion in hate the LGBTQ community, and instead of When there are reports of injustice, crimes laws argue that hate crimes are having a corrosive effect, repealing that is the point, that it gets inves- worse than regular crimes without a don’t ask, don’t tell has strengthened tigated. And it not only gets inves- prejudice motivation from a psycho- the military family. In fact, in 2016, tigated in order that the problems will logical perspective. The time it takes just last year, the first openly gay get remedied but also so it will send a to mentally recover from a hate crime Army Secretary was confirmed, Eric message to others to operate within is almost twice as long as it is for a Fanning. Last year, the Navy named a the bounds of the law. regular crime. And LGBTQ people feel Our next Attorney General needs to ship after Harvey Milk, the gay politi- as if they are being punished for their make civil rights a priority, fighting cian and former member of the Navy sexuality, which leads to a higher inci- for them, ensuring them, securing who was assassinated in 1978. dence of depression, anxiety, and post- So a robust pursuit of equality would them as the North Star of the Justice traumatic stress disorder. have been to voice principled opposi- Department—not something that can In short, in multiple ways, in ways I simply be left to the States, not some- tion to this discrimination in armed have enumerated, this law more ag- thing that can be ignored, not some- services that was actually robbing our gressively pursued justice. I was thing that will be allowed to slip back- armed services of a tremendous pleased to be here as a first-year Sen- ward. amount of talent and experience and Communities of color aren’t the only ator to be able to support that law. was damaging the lives of those who Hate crimes tear at our collective spir- ones watching Senator SESSIONS’ con- were expelled from the military. That firmation process with some anxiety. it. They are based on divisions in our would have been a principled pursuit of Over the last 8 years, the rights of the society, divisions that some choose to justice, but that is not the path my LGBTQ community have leapt forward amplify and inflame, divisions that vic- colleague, our nominee, chose to trav- in incredible ways, from the greater ac- timize people for being who they are as el. Instead, it was a path of justifying ceptance of gay and lesbian Americans individuals. discrimination, justifying injustice. and transgender Americans. And cer- I was proud of this Chamber, of this During the confirmation hearing, my tainly we cannot forget the historic Senate, that we passed a bill that colleague, our nominee, softened his milestone of the legalization of same- would give State and local law enforce- stance on LGBTQ issues, and he said he sex marriage a year and a half ago. But ment the necessary tools to prevent would uphold the statute protecting so many of these long-fought-for and and prosecute these types of crimes LGBT people’s safety and ensure that hard-won rights are so new that the and move our Nation down a path to- the community’s civil rights are en- community is terrified that President ward equality—equality under the law forced. Well, I wish we had more stat- Trump’s administration will work to and freedom from persecution. But my utes that protected LGBT people’s restrict those rights or roll those colleague, the nominee, voted against safety. Promising to uphold them when rights back. But it is the duty of the this pursuit of greater justice for a per- they largely don’t exist is somewhat of Attorney General to protect those secuted group within our society, and an empty promise. It sounds good, but rights, to fight for those rights. that certainly bothers me substan- it lacks punch. So it is of some concern—for me, it is tially. It is my understanding that he We had a debate in this Chamber a substantial concern—that the nomi- didn’t feel that people actually faced about the Employment Non-Discrimi- nee voted against the Matthew Shepard discrimination, but the fact is, they do. nation Act. This act was specifically and James Byrd, Jr. Hate Crimes Pre- LGBTQ individuals, especially about anti-discrimination in the proc- vention Act. This act was passed on Oc- transgender women of color, are more ess of job hiring in America, and I was tober 22, 2009, and signed by President likely than any other group to be tar- deeply involved in this effort. Obama 6 days later. It was part of the gets of discrimination and hate crimes. Back in Oregon, when I became National Defense Authorization Act of Across the category, and more so in speaker, I worked to end discrimina- 2010, and it expands the 1969 U.S. Fed- some, look at the 49 people killed, the tion for our LGBT community—dis- eral hate crime law to include crimes 53 more injured at the Pulse nightclub crimination in hiring, discrimination motivated by a victim’s actual or per- in Orlando last summer. The attacker in public accommodations, discrimina- ceived gender, sexual orientation, gen- purposely targeted a gay nightclub for tion on a whole spectrum of aspects of der identity, or disability. his attack. LGBTQ people are twice as our society. And we passed a very The bill removes the prerequisite likely as African Americans to be tar- strong law in the State of Oregon to that the victim be engaging in a feder- gets of hate crimes. Nearly one-fifth of end that discrimination, and a piece of

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.275 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S888 CONGRESSIONAL RECORD — SENATE February 8, 2017 it—a big piece of it—was to end em- that over the course of the year, 33,000 and encourages best practices, which ployment discrimination. How can we women were sexually assaulted, more have proven to be effective to prevent claim, as a nation, that we are the land than 600 women every day. Women ages domestic violence homicides by train- of opportunity if we slam shut the door 20 to 24 are at greatest risk of nonfatal ing law enforcement, victims service to opportunity on a large number of domestic violence, and women age 20 providers, and court personnel to iden- our fellow Americans by allowing dis- and higher suffer from the highest tify and connect high-risk victims with crimination in employment? rates of rape. crisis intervention services—all of this Well, because of that work I did in The Justice Department estimates in the interest of preventing violence Oregon—when I came here to the Sen- that one in five women will experience against women, and when such violence ate, Senator Kennedy was ill. Senator rape or attempted rape during her col- occurs, to get the treatment to be as Kennedy would champion this legisla- lege years—just during those college robust and available as possible to as- tion. Senator Kennedy, who had been years—and that less than 5 percent of sist those women. here—he had been on the floor, I be- these rapes will be reported. I would hope to have the champion in lieve it was 1998 or 1996. And that bill Income is a factor. The poorer the this fight to decrease violence against had only failed by one vote back before household, the higher the rate of do- women in the position of Attorney the turn of the century. It was a 50-to- mestic violence. Women in the lowest General of the United States of Amer- 49 vote. The individual who was not income category experience more than ica, but my colleague, our nominee for here probably have voted for it. The six times the rate of intimate partner Attorney General, voted against these Vice President breaking a tie probably violence as compared to women in the practices for decreasing violence, voted would have passed it. It would have highest income category. African- against these efforts to provide greater been adopted. It would have been American women face the highest rates support when the violence did occur, signed. of violence. American-Indian women and that, for me, is a very substantial Fast-forward to 2013, and here we are victimized at a rate double that of concern. This turned many women’s were on the floor debating this issue, women of other races. advocacy groups into a position of op- and I was very pleased to see it on the The impact of these kinds of violence posing this confirmation. floor because Senator Kennedy and his is huge and long-lasting. According to And another factor came into play. team had asked me to carry the torch the Family and Violence Prevention In October of this last year when our on the bill and work to see it passed. I Fund, growing up in a violent home nominee for Attorney General was had worked for us to hold hearings, and may be terrifying, a traumatic experi- asked his opinion about a 2005 audio re- I had advocated with our leadership ence that can effect every aspect of a cording which then-Candidate Trump that it was time to put this issue on child’s life, growth, and development. was—well, he wasn’t yet a candidate at the floor, that we couldn’t allow this Children who have been exposed to the time of the audio recording—but he discrimination to continue without at family violence suffer symptoms of was heard bragging about inappropri- least working to address it. We might post-traumatic stress disorder, such as ately groping women. The nominee fail on the floor to pass this bill, but bed-wetting and nightmares, and were said he didn’t think the behavior that we should at least put it before the at greater risk than their peers of hav- was described was sexual assault. Sen- body, make the case, have the argu- ing allergies, asthma, gastrointestinal ator SESSIONS said: ‘‘I don’t charac- ment, fight to end this discrimination. problems, headaches, and flu. In addi- terize that as sexual assault. I think Here on the floor, we no longer have tion, women who experience physical that is a stretch,’’ he said. to get 50 votes and the President be- abuse as children are at greater risk of I couldn’t more profoundly disagree. cause the habits of the Senate changed, victimization as adults. When someone grabs the intimate and now it is almost always required to Well, I go through all these statistics parts of an individual, that is an as- get a supermajority to close debate. So to note what a substantial issue this is sault. How can one reach any other we had to get 60 votes, not 51, but we in terms of crime and violence and the conclusion? Envision that your loved did get 60 votes. We did close debate impact both on the victims and on the one is the one who is groped—your and go to a final vote. But one of the children in homes—an impact that wife, your sister, your mother, or your individuals who placed himself directly damages children’s ability to pursue a daughter. You don’t believe that is a in the path to obstruct success on the full, healthy path toward thriving as sexual assault? I would like to have as bill, to obstruct the end of discrimina- an adult, an impact that creates a our Attorney General an individual tion—job discrimination for LGBTQ cycle of violence. who would understand in the core of communities—was our colleague and In 2011, during one 24-hour period, his or her being that this is an assault our nominee for Attorney General. I 1,600 Oregon victims were served by do- and wrong. The law makes it an as- would hope to have a voice in the office mestic violence services. What are sault. Morality makes it an assault. So that was seasoned through tough bat- those services? Emergency shelter, that bothers me a great deal. tles and stood up in difficult times to children’s support, transitional hous- I do want to note that in a confirma- fight any discrimination, not to perpet- ing, support for teen victims of dating tion hearing, my colleague Senator uate discrimination. So that concerns violence, therapy or counseling for SESSIONS changed his opinion on this me—substantially concerns me. children, advocacy related to cyber and he noted what we would expect one In 2013, the Senate voted to reauthor- stalking. Additionally, during the same to note. He said that yes, activity such ize the Violence Against Women Act, 24-hour period, Oregon domestic vio- as was noted on the recording of our often referred to as VAWA, after Con- lence programs answered more than 27 now President, when asked whether it gress passed it. That was an important hotline calls every hour. was an assault, he said clearly it would effort because a woman should never be VAWA, the Violence Against Women be. I appreciate that evolution, but the a victim of violence in her own home. Act, has been a powerful tool in fight- initial reaction before the confirma- Nobody should be a victim of violence, ing these kinds of abuse, these kinds of tion hearing still disturbs me. but particularly to address the chal- violence in our community, and it has Earlier this month, the National lenges that we see. And the National proven to dramatically reduce domes- Task Force to End Sexual Violence Center for Injury Prevention and Con- tic violence. Among other things, in issued an open letter opposing his con- trol notes that women in the United 2013 the VAWA reauthorization in- firmation based on the record. In the States experience roughly 4.8 million cluded measures to ensure that LGBTQ letter, they stated, when referring to assaults and rapes per year from their men and women cannot be turned away the nominee, that ‘‘his history leads us intimate partner, and they are afraid from domestic violence shelters. It ad- to question whether he will vigorously to seek medical treatment. Less than dressed threats of violence against seek to ensure all victims and sur- 20 percent of battered women sought women in transgender communities, vivors of gender-based violence, par- medical treatment. who face rates of domestic violence and ticularly vulnerable populations and The National Crime Victimization sexual assault at much higher rates, as those at the margins of society, have Survey—the statistics that I have here I noted before, than those faced by the access to vitally needed services and from 2006, so quite a while ago—says general population. It provides tools legal protections.’’

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.277 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S889 This goal to champion justice for Minnesota took the case to court, In 2015, Senator SESSIONS, my col- all—perhaps it is easy to champion jus- pointing out that they had substantial league, our nominee, authored a bill tice for the groups one most closely harm in their States as a result of this, that would automatically cut off Fed- identifies with, but the role is to fight giving them standing to challenge it— eral funding to sanctuary cities that for justice for everyone throughout our harmed because of professors trapped refused to have their police officers act society, and that is why this is of sub- overseas, harmed from students as agents of our immigration force, as stantial concern. trapped overseas, harmed from citizens ICE agents. Just today, I had the sher- The letter went on to say: ‘‘Selective in the States of Washington and Min- iff of Multnomah County in Oregon application of the law and outward hos- nesota whose family members were come and speak to me. He was formerly tility towards victims of sexual and do- trapped overseas. They put it to a dis- the police chief of our largest city—the mestic violence in historically trict court judge, James Robart, a city of Portland. What he conveyed was marginalized populations has a chilling judge who was appointed by George W. that if you have police officers pursue effect on their willingness and ability Bush. The judge put a restraining order each person they interact with on the to seek services and protection. It then on the Executive order. To do that, one basis of immigration, pretty soon peo- noted that the Attorney General of the has to reach the standard that the case ple in the community will not work United States must be an individual has merit and is likely to prevail. with you to solve crimes, and you actu- committed to protecting the inalien- So a judge, given this issue, the de- ally create enormous public safety able rights of equal protection under sign of this issue, and the facts sur- risks for the citizens in Multnomah the law to all—to all within the juris- rounding these orders, struck them County. Numerous mayors have point- diction of the United States. down. And then it went to the Ninth ed this out; that if you see your police Let me say it again. We need an At- Circuit Court, and the Ninth Circuit force as one that is continuously try- torney General who fights for equal didn’t find that there was enough infor- ing to be an immigration agent rather justice for all. mation to change the decision of the than a police officer and you are pur- Another issue we face—set of issues, district judge, but they asked for addi- suing folks with profiling—stopping ev- really—is related to immigration. As tional briefs, and they are expected to eryone in the Hispanic community— we know, President Trump recently rule later this week. We will find out of that pretty soon the Hispanic commu- signed an Executive order barring trav- course then how they weigh the issues. nity folks don’t want to talk to you. el by those from seven Muslim coun- Part of what is being taken into ac- They will not help you solve the crimes tries and also barring refugees into our count are the facts on the ground, in- that occur. The community becomes country and having a longer ban on ref- cluding was this designed around na- less safe. ugees specifically from Syria. And the tional security, and part of that debate So this assault on public safety is a first ban, the Muslim ban, came out as recognizes that individuals from those profound concern across this country. Rudy Giuliani told us of instructions seven countries have not come to I am disturbed that our nominee au- to create a Muslim ban that would be America and killed Americans. thored a bill to penalize cities and changed enough to make it legal under Now, individuals from other coun- States that are seeking to reduce pub- the law. tries have come to America and killed lic violence and enhance public safety. There are many reasons to be con- Americans, but not from those seven That seems the opposite of what an At- cerned about this ban based on reli- countries. Then there is the question of torney General should do. gion. We have a tradition of freedom of whether it was based on religion, and During his nomination hearing, Sen- religion in our country. It is a freedom they will be taking into account and ator SESSIONS advocated for ending the enshrined in our Constitution. We have looking at the fact that Rudy Giuliani Deferred Action for Childhood Arrivals a tradition of religious tolerance. If we said he was instructed to develop a Program, or DACA. This is a program are a nation with religious freedom, re- Muslim ban but to make it look legal. on which one needs to understand it by ligious tolerance goes hand in hand So, clearly, there is evidence that the meeting individuals who are childhood with that, but we have heard over the real intent of this wasn’t national se- arrivals. There are folks who have course of President Trump’s campaign curity but was religious discrimina- crossed the border into our country statement after statement that essen- tion. who have brought with them a baby in tially presented a war on Islam, the Then there is the fact that the Exec- their arms, or a toddler, or a 4-year- Nation is at war with Islam—the oppo- utive order itself has a clause that says old. Those individuals—those children, site of religious freedom, the opposite we will discriminate based on religion, those babies—grow up in America. of religious tolerance. letting in Christians while closing out They speak English. They only know The worst aspect of this—and there Muslims. They will consider all of that. America. Most of the time—I will not are many bad aspects to it—is that it We will see what they say. say most of the time, but in many endangers our national security be- There is considerable power in the cases they don’t know they were even cause of the recruiting strategy of executive branch and the Presidency born outside the country. ISIS. Our President says he wants to for making rules related to immigra- So these children were put into a po- diminish and extinguish. Their recruit- tion. There is considerable power to sition of saying: If you disclose your ing strategy is to claim that the take actions related to national secu- status and fill out all this paperwork, United States is conducting a war on rity, but the design of this suggests se- we will not send you back to a country Islam, so this ban and this campaign rious constitutional problems, and two you don’t even know, that speaks a feed right into that recruiting strat- very capable lawyers—one, the acting language you don’t even know because egy. It has been pointed out by secu- AG for the United States of America you have grown up in America and you rity expert after security expert after and, second, a district court judge— are going to contribute to America, if security expert that this makes us less have found it fails the test. we embrace you. And you will just be a safe. I would like for us to have a nominee lost citizen—a citizen without a coun- Sally Yates, the Acting Attorney for Attorney General who would have try—if you are sent out of the country General, refused to defend this order in the courage and convictions to stand to somewhere that would be totally un- court because she believed it was ille- up to a President when the President familiar to you. gal and unconstitutional. That is a goes off track in violating the Con- In this position that our nominee principled stance, that despite that the stitution, and I am concerned that our took, that he thinks we should end this head of the executive branch put some- nominee wouldn’t reach the same cou- program, it means that those children thing forward, the Attorney General rageous point of view that Sally Yates would now be eligible for deportation. said: No, that is wrong. That is not found or James Robart found. Even There is a substantial concern here be- constitutional. while noting that the courts are yet to cause they were promised that their in- Well, she was fired shortly there- ultimately decide, there are certainly formation would not be used, would not after, for taking that stand, by Presi- heavy concerns that should be weighed be turned over for their deportation dent Trump. But then, two attorneys intensely in this consideration, and I when they signed up. They trusted that general from Washington State and am not sure that would happen. when the United States of America

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.279 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S890 CONGRESSIONAL RECORD — SENATE February 8, 2017 made this promise to them, that prom- sors nationwide sent a letter to Con- that an individual’s background—a ise would be kept, but it appears we gress urging us to vote no on this nom- background related to efforts to pre- have a nominee who wants to end that ination, representing 180 law schools in vent African Americans from voting, program and, therefore, place all of 49 States. weighed it incorrectly, not right that these children at risk of deportation. I am not going to share all of the let- an individual be serving as a judge, The nominee had no answer for what ter because I want to stay within the that same background should be to do with the 800,000 children who bounds of the debate. So I will just weighed by all of us here this morning, have come out of the shadows because note this: They lay out a whole number in this debate, over whether a nominee of that program. of concerns about positions taken in has the judicial heart of Lady Liberty In December 2015, Senator SESSIONS the past. to judge everyone without discrimina- voted against Senator LEAHY’s sense- I will summarize it with a final para- tion, to fight equally for everyone of-the-Senate resolution that affirmed graph: As law faculty who work every without discrimination. The answer that the United States must not bar day to better the understanding of the years ago by this Chamber was no. people from another country because of law and to teach it to our students, we After I have weighed the many posi- their religion. Our nominee spoke for are convinced that the President’s tions presented tonight which are deep- 30 minutes against the resolution. This nominee will not fairly enforce our Na- ly troubling, and the history that led takes me back to the echoes of this tion’s laws and promote justice and this Chamber to make the decision it issue of the Muslim ban and discrimi- equality in the United States. did back in 1986, I will have to join nation based on religion that is so That is 1,424 law school professors those who say and vote no on this nom- alien to the United States of America. from 180 law schools looking at the ination. This resolution that affirmed that record of the President’s nominee. The PRESIDING OFFICER. The Sen- the United States would not bar people The Leadership Conference on Civil ator from Washington. from our Nation because of their reli- Rights and Human Rights gives our Ms. CANTWELL. Mr. President, I gion had the support of 96 Senators. nominee a zero-percent score. The come to the floor this morning to join Four Senators voted against the reso- Human Rights Campaign, which fights my colleague from the Pacific North- lution, essentially saying it is OK to for justice for the LGBT community, west speaking in opposition to the discriminate based on religion. Our gives the President’s nominee a zero- nomination of our colleague to the po- nominee was one of those four Senators percent score. The NAACP has repeat- sition of U.S. Attorney General. who conveyed through their vote that edly given grades of F to the nominee. I thank the Senator from Oregon. I it would be OK to use a religious test The Leadership Conference on Civil know he has been here for several for those entering the United States. Rights and the ACLU have voiced vig- hours. I listened to much of his re- According to Bloomberg News, our orous opposition. marks, and many of the issues he nominee was one of the few lawmakers I will share some of the letter from brought up in his statement reflect the to defend President Trump’s effort to back home. Cobin from Portland, an issues that we in the Pacific Northwest propose a complete shutdown of Mus- assistant professor, writes: I am writ- are dealing with—the population of the lims entering the United States, in this ing today to state my strong dissent Pacific Northwest concerns—and how report of November 18, 2016. He told for the nominee to be U.S. Attorney many people in our part of the country CNN’s Dana Bash last June: Well, all I General. While this should be self-evi- have moved forward on so many impor- can tell you is, the public data we have dent given his record, in light of this tant issues of equal protection for all had indicated that there are quite a past week’s events, it is all the more Americans under the law. So I thank number of countries that have sent a critical we have an Attorney General my colleague for being here. I thank large number of people here who have willing to fight for our Constitution. him for the many things he had to say become terrorists. Protecting our fundamental values as this evening on this subject. During his nomination hearing, our Americans is priceless. I hearken back in my own life, as I nominee tried to walk back his support From Southern Oregon, Karen of reflect on this decision, to the time I for the Muslim ban. He said he would Jackson County writes: I am strongly grew up. This is something that has not back a complete and total shut- opposed to the nomination of JEFF SES- been instilled in me as a young person down of all Muslims entering the SIONS as Attorney General. His support growing up in the 1960s and 1970s. United States. So he evolved from a po- of President Trump’s views regarding I saw the most incredible events hap- sition he took in December of 2015 and immigration and voting rights are un- pen in our Nation’s government, and I was more moderate during the nomina- acceptable and make him unacceptable saw a position—both the Attorney Gen- tion hearing. But still I am concerned to be the Nation’s chief law enforcer. eral and the Deputy Attorney General, about the position he put forward at Letter after letter expresses concerns someone who is now a Pacific North- that debate in December of 2015, when about the record. west resident—use that office, the he spoke for 30 minutes and was one of Earlier tonight, my colleague from power of the Attorney General and four Senators to refuse to support a Massachusetts was sharing testimony Deputy Attorney General, to say they resolution saying that the United Coretta Scott King presented on March disagreed with the President of the States should not discriminate based 13, 1986, to the Senate Judiciary Com- United States. Not only did they dis- on religion. mittee when my colleague was nomi- agree with the President of the United This Muslim ban and the vote on the nated to the U.S. District Court for the States, they would rather resign from December 2015 resolution leaves Mus- Southern District of Alabama. The office than carry out the acts he was lim Americans wondering if our nomi- Senate at that point in time rejected asking them to carry out. nee would fully defend and advocate for the nomination. They did so after ex- As a young person, that Saturday them; whether our nominee, the Presi- amining a whole series of events which night massacre was an incredible indel- dent’s nominee for Attorney General, had transpired under his leadership. I ible image of how people should act re- would fight for equal justice for Mus- can’t read those events under the rules sponsibly in carrying out their duties. lims after supporting the position that of the Senate because they would con- So when I think about this position it is OK to discriminate against Mus- stitute a critique of a fellow Senator. of Attorney General, I think of that lims entering our country. That con- So I am just summarizing that her let- very issue; that I want an Attorney cerns me because that is not the posi- ter laid them out, and the Senate Judi- General who will stand up for the citi- tion I would like to see represented in ciary Committee fully explored the zens of the United States, no matter the President’s nominee for this office. issues presented by Coretta Scott King, what, even if he has to go against the My office has been receiving an enor- and by many others, and decided there President of the United States. That, mous number of phone calls, emails, wasn’t the judicial vision appropriate to me, is the ultimate in serving the and letters about a whole host of nomi- for someone to serve as a judge in the people of this country. nees, and I think it is appropriate to United States of America. In many ways, in the last several share some of those as well as to note If that series of events led to the un- weeks, I feel like we have been reliti- that a group of 1,424 law school profes- usual outcome of the Senate deciding gating the 1960s and 1970s. When we

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.280 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S891 talk about the civil liberties of Amer- These are very big issues in my the system? Yes. They have been ican citizens, whether they are the State. They are very big issues that caught or corrected. LGBT community; or whether we are have been long discussed—probably dis- The notion that our system needs all talking about government maybe using cussed before they reached this body— of these other artificial barriers is not backdoor devices to spy on American and decided decisively in favor of the true. It is a system that has worked citizens; or whether we are talking civil liberties of these Americans. So I well for us and, as I said, has empow- about immigrant rights, we are talking find it troubling that in his position, ered more people to participate in our about the same things people fought the nominee used his power to target electoral system. for in the 1960s and 1970s. So it is no the LGBT student housing and edu- I want someone who is going to help surprise that my colleague—also from cation conference at the University of us move forward in this country. The Massachusetts—reflected on this in Alabama, and that he consistently notion that we are putting up lines of some of the comments she made last voted against LGBT Americans’ right obstacles for voting in this country night that raised such a ruckus and to live where they choose, and voted should not be the way we are going. We concern on the floor. I certainly sup- for the constitutional amendment my need to go in the other direction. ported her and supported her in her colleague mentioned, the Matthew I am concerned that the next Attor- rights to make those comments, but Shepard and James Byrd, Jr. Hate ney General will fail to protect the these larger issues about how one Crime Prevention Act—not being sup- civil liberties of all Americans, irre- wields power at the enormous office of portive on those issues. spective of their race, and protect op- responsibility of Attorney General is These are important issues that portunities to participate in our de- what is at question in the Senate. I mark our country’s ability to stand up mocracy and to make sure we are con- could go on this morning about many for civil liberties. It is important in tinuing to move forward. He has called other issues I am concerned about in this era and time, because of the hate the work of the National Association relation to the nexus of the Attorney crimes and the horrific things that for the Advancement of Colored People General to the other positions that we have happened to these individuals, and the American Civil Liberties Union are also considering, but this morning that we have someone who not only ‘‘un-American.’’ Let us remember that I am going to keep my remarks specifi- recognizes those, but embodies the fact in our time, we need people who are cally to the Attorney General. that these individuals are facing dis- going to recognize the rights of individ- In this new information era—and I crimination and must continually— uals and stand up for them. If in the have been out here on other nights, in continually—have someone to fight for past his judgment and temperament on fact with my colleague from Kentucky their civil liberties. these issues has expressed a lack of Mr. PAUL, to discuss these very impor- The nominee sponsored legislation to concern for these individuals, my ques- tant issues of encryption and making roll back, as I said, LGBT rights in tion for all of us is, what kind of lead- sure the U.S. government does not un- housing, employment, and health care, ership will that drive for the next At- duly spy on U.S. citizens. and there are an estimated 10 million torney General? I am concerned that the President’s LGBT Americans who are protected by He has called the decision in Roe v. nominee has supported President our Nation’s hate crime and anti-dis- Wade ‘‘a colossal mistake’’ and has Bush’s warrantless wiretapping and do- crimination laws. What we want is cast 86 anti-choice votes, including a mestic surveillance programs. He also leadership. We want leadership to con- vote against protecting abortion pro- has supported law enforcement’s back- tinue on these issues. We want leader- viders and their patients from anti- door key to encryption. ship that when we see problems, they choice violence. Washington State has I will say, there are many things we are going to be addressed, even if it one of the strongest statutes in the need to do to fight this war on ter- means fighting what the President of country for protecting a woman’s right rorism and to be strong in working to- the United States has to say. to choose. It was something we did be- gether with law enforcement all across My colleague also had opposed the re- fore the national law. It is something the United States and on an inter- instatement of the Voting Rights Act many people in my State feel strongly national basis. I will be the first to say and strongly supported voter ID laws about, and, yes, in the past, we have there are great things we can do as it that put barriers up for the elderly, in- experienced violence at clinics. relates to biometrics and using bio- digent communities, and communities In fact, in September 2015, there was metrics effectively, but when it comes of color to get access to their ballots. I a devastating bombing of a Planned down to it, it is all about us working can tell you as a Washingtonian that Parenthood clinic in Pullman, WA—a with the international community and nothing is more important to us than tragedy that was unbelievable. The getting cooperation from them to work this issue of voting rights, and I would fact that those clinicians showed up in that way, as opposed to running over match our system with any other State the parking lot the next day and con- the civil liberties of U.S. citizens. So I in the Nation. We vote by mail. We tinued to deliver services, and that law do have concerns that the President’s have seen as high as 84-percent voter enforcement was there to help them nominee on this issue may not stand turnout in a Presidential year, and in- and respect them is what I expect out up to the President of the United credibly high turnout even in a mid- of our system and the U.S. Attorney States in making sure civil liberties of term election. General—that someone will be there to Americans are protected. We know that giving our citizens the help enforce the law and deter these I am also concerned this nominee right to vote, and making progress on kinds of crimes and make sure that we will not fully protect the rights of les- everyone having the right to vote, in- are moving forward as a country. bian, gay, bisexual, and transgender cluding the use of provisional ballots, I said earlier that I feel as though we Americans. The reason I say that is be- making sure the law is clear in embrac- are relitigating the sixties and seven- cause of his record, and the doubts it ing and making sure people have the ties. I wish that those issues had all raises because of his opposition to var- opportunity to vote, and have their gone away, but I feel as if they are still ious pieces of legislation which have votes counted, are going to continue to with us. These examples of disrespect moved through these Halls—opposition be issues in the United States of Amer- toward the civil liberties of individ- to gay rights, same-sex marriage, hate ica. We want people to have total con- uals, and using violence as a way to crime laws, voting rights for histori- fidence in our voting system, and we demonstrate that disrespect, require a cally disfranchised communities, and want them to have confidence that swift hand of justice to oppose them. workplace protection for women, les- every citizen has a right to cast a vote, My colleague voted against the Lilly bian, gay, bisexual, and transgender and will not be turned away at the bal- Ledbetter Fair Pay Act, which amend- communities. All of these are things I lot box because of an artificial barrier. ed the Civil Rights Act of 1964 so that wish we would have in an Attorney Believe me, there are lots of ways to gender-based pay disparity claims General who had been a greater advo- catch fraud and corruption in the vot- could be heard in court. This is also cate for the transition that America ing system in the State of Washington something of great concern to many has made in protecting civil liberties because it is based on your signature. Americans, not just women. It is a con- in these issues. Have we had people make mistakes in cern to men as well, because men want

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.283 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S892 CONGRESSIONAL RECORD — SENATE February 8, 2017 their wives to make the salary they de- This was years before we passed legis- But if we had cooperation with these serve, to make certain their family has lation allowing for the legalization of countries on biometric standards; if we the income it deserves. marijuana by the broader public, not had implemented those biometric These are battles that we are going just medical marijuana. standards, and pushed those countries to continue to fight in the United We have seen an Attorney General that give access to our country States of America until we have fair who has aggressively pursued this med- through the Visa Waiver Program, we pay. I do view it as a civil rights issue. ical use, and now we have concerns, as would be a lot further down the road in As I said, Lilly Ledbetter amended the our State and several other States finding those individuals who mean to Civil Rights Act. have legalized marijuana, about how do us harm. He also voted against the 2013 reau- this Attorney General is going to treat We need cooperation by these other thorization of the Violence Against those actions. countries and the best techniques and Women Act, which ensures that law en- We hope that this past record is not standards to help us. That is far dif- forcement has the every resource nec- a reflection of the future and how he ferent than denying access to individ- essary to investigate cases of rape, and plans to treat individuals, but I know uals, for example, from the Somali provides colleges with the tools to edu- my colleague from Hawaii was here community that is a very big refugee cate students about dating violence, earlier and mentioned several cases of community in our State. As I said, I sexual assault, and to maintain the Na- individuals in his State who needed will leave it to our Washington attor- tional Domestic Violence Hotline, that medical attention, who needed ney general and our Governor to con- which fields 22,000 calls a month from that product, who were given great tinue to pursue that effort. Americans facing threats of domestic comfort in their medical treatments by I have heard from many Washing- violence. having access to that. tonians who are concerned about this That issue in and of itself, along with Is that now all in question? Is that nomination. I heard from a young the amount of domestic violence that something that Americans who have woman from Yakima, WA, who said she women face in the United States of resided in States that have taken this was flabbergasted by this nomination, America, is something that needs con- action now have something to fear that ‘‘if he was deemed inadequate dur- stant vigilance and constant attend- from the next Attorney General? ing the days that Strom Thurmond was ance in order to fight against. I don’t I know that there were many discus- in office, why now is he adequate?’’ know all the reasons he did not support sions in the confirmation hearing, and I heard from a constituent in central that legislation, but I know one aspect. that there are concerns today relating Washington who said: ‘‘I am a He opposed language in the Violence to the issue of a ban on Muslims enter- transgender and gay, and much of the Against Women Act allowing tribes to ing the United States. I will not go time I worry about my rights as a U.S. prosecute nontribal members who com- into great detail here, but will say that citizen, whether they’ll be revoked de- mit domestic violence against tribal it is clear that the State of Washington spite the fact that my family has members on reservation land. That is has an opinion about this and that our fought in every war in the U.S. since right. People were coming onto Indian State Attorney General and our Gov- the Civil War. I am worried that legis- reservations across our country. In ernor are trying to represent that lation would be implemented that Washington State, we have 29 recog- viewpoint in the judicial process. would dehumanize me and other LGBT nized tribes. On those sites, people It is important to me that we get community individuals, and that were committing crimes of domestic these issues right because I want to doesn’t align with the nominee’s reli- violence but, because of a loophole, protect the civil liberties of individ- gious beliefs.’’ weren’t being prosecuted. There were uals, and I see a path forward for us to So these are concerns my constitu- unbelievable amounts of violence. be tough on these cases; that is, the ents have, and I have to agree with The last administration came up true cases of terrorist activity. I say them, that our nominee’s record leaves with a way to work together to make that because Washington had a case in question about his ability to fervently sure that those crimes were pros- 1999 of an individual who entered the advocate on behalf of these individuals, ecuted. It is as if the Federal system United States at Port Angeles, WA. He given his record and history in the couldn’t affect all the activity that was had come from Algiers, and then when past. And I know that my colleague, happening, but it could work in concert he got to France, he cooked up a new the ranking member from the Judici- with local law enforcement officials to identity. When he left France and went ary Committee, has been out here on come up with a way to make sure that to Canada, he cooked up another iden- the floor, going in detail about the women, who were being abused just be- tity, and then he arrived at the U.S. questioning that happened during the cause they were Native American on a border from Canada on a boat with ex- committee process on all sorts of tribal reservation, would get their fair plosives and a plan to either blow up issues, as it relates to women’s rights justice. the Space Needle or travel to LAX and and reproductive choice, and how we I do have concerns about these issues blow up the LAX Airport. are going to continue to move forward as they relate to tribal sovereignty, to There was very good work by cus- to make sure these individuals are pro- the issues of domestic violence and, toms and border agents who found tected. particularly, domestic violence that is something unusual about this indi- So, to me, my constituents are loud happening in Indian Country. vidual. It didn’t add up. His passport and clear. They want these civil lib- I also want to bring up an issue I looked as though it was valid, but erties protected. They want an Attor- think my colleague from Oregon something that was said gave the bor- ney General who is going to make sure brought up, which is something I don’t der agent reason to conduct a more that those civil liberties are fought for know that all of our colleagues agree thorough check. and respected every day and are going on, but I am here to advocate for my In fact, they did. They opened the to get equal protection under the law. State; that is, the nominee in his testi- trunk of his car, and as they did, he Here are some additional excerpts mony said that he would leave to the ran, and with good reason because they from the letters of our concerned con- States the question of legalizing and saw a car full of explosive materials in stituents. regulating marijuana in this adminis- the trunk. That so-called Millennial KS from Yakima, WA, a concerned tration. Bomber was caught. Since then, I have constituent, writes: ‘‘I am simply flab- In the past, he has refused to respect been an advocate for using biometrics bergasted that Jeff Sessions was cho- the rights of States that have demo- as a standard for us pushing visa waiv- sen to be our Attorney General. If he cratically chosen to legalize marijuana er countries for letting people into was deemed inadequate in the days for medical or recreational use. This is their country, as Mr. Ressam did trav- when Strom Thurmond was in office, an important subject for us in the Pa- el, as I said, from Algiers to France, then he’s certainly inadequate in 21st cific Northwest because we had a pre- cooking up a new identity, and then century America. As you are politi- vious Attorney General who, after we France to Canada, and Canada to the cians, I shouldn’t have to remind you had passed medical marijuana laws, United States, each time cooking up an of this, but I’m going to anyway. One, tried to shut down our medical clinics. identity. America was built by immigrants from

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.291 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S893 all over the world, on top of an already in our government to clearly support this time, consider the future of our diverse nation of the First Peoples. all people—black, brown, white, male, country, consider the rights guaran- Two, there are over 300 languages spo- female, transgender, gay, lesbian, bi- teed in the bill of rights. The choice ken in the U.S., nearly half of which sexual, queer, Jew, Christian, Muslim, then is easy, nay for Sessions, yay for are indigenous. Three, people have had Buddhist, Native, atheists, and people thoughtful, accountable and tempered to fight tooth and nail against dis- of all ethnicity. The Attorney General governance.’’ crimination based on their race and is responsible for upholding The Con- Betsy from Waldron, WA, writes: ethnicity, and the fact that so many stitution—including Congress shall ‘‘Please oppose the appointment of Jeff are still doing to that today is ex- make no law respecting an establish- Sessions as Attorney General. He is op- tremely worrisome. Four, it’s been our ment of religion, or prohibiting the posed to basic civil rights for all people legally protected right since 1967 to free exercise thereof; or abridging the and he cannot be put in charge of pro- marry and have a family with someone freedom of speech, or of the press; or tecting those same rights. Please do of a different race. Five, it’s only been the right of the people peaceably to as- not compromise with Trump or try to our legally protected right to marry semble, and to petition the Govern- compromise as if he were a normal and have a family with someone of the ment for a redress of grievances. This president. Please oppose, blockade, fili- same gender since 2015. Six, my genera- means upholding the Constitution, in- buster, and refuse to go along with tion, the Millennials, is the most di- cluding Press’s right to cover Mr. Trump’s plans to tear our country apart. I am relying on you to be our verse of any in American history. Since Trump and report as they see fit—not first wall of defense against this terri- 2000, 40 percent of all children have censored news. This also means sup- fying man.’’ been born to multiracial families. And porting The right of the people to be those children will be eligible to vote RaGena from Spokane, WA, writes: secure in their persons, houses, papers, ‘‘As a constituent I urge you to oppose before you know it. The ones born in and effects, against unreasonable 2000 will likely have a lot to say come the confirmation of Senator Jeff Ses- searches and seizures, shall not be vio- sions as Attorney General of the the midterm election. This America lated, and no Warrants shall issue, but cannot, should not, MUST NOT have United States His voting record as sen- upon probable cause, supported by ator and the content of his speeches to an attorney general who thought the Oath or affirmation, and particularly Klan was too liberal. He has no place at the Senate do not inspire confidence in describing the place to be searched, and his ability to discharge the responsibil- a school crosswalk, let alone leading the persons or things to be seized. This the most powerful nation in the free ities of the Attorney General’s office in means insisting that the Justice De- keeping with role of the Department of world. PLEASE do not let this hap- partment hold themselves and local po- pen!’’ Justice in contemporary American so- lice forces accountable for detaining ciety. His responses to the Judiciary SL from Wenatchee, WA, writes: ‘‘He and searching people—and do promul- has repeatedly shown within his career Committee raised further, serious con- gate brutality from behind the badge. cerns. All this, coupled with the rea- that he clearly sees the LGBTQ+ com- Instead of Jeff Sessions, please garner munity as something that is acceptable sons for his failure to be confirmed as support for and vote for a legal mind a federal judge decades ago, suggest to discriminate against. Most notably who has a demonstrated record of up- is his support of the Defense of Mar- that he is not the person for this job.’’ holding all people’s rights. There are DH from Tacoma, WA, writes: ‘‘I am riage Act. This worries me very deeply many fine minds and hearts in our writing to express my strong opposi- since I am Transgender and gay. Much country who are up to the task. It is tion to the nomination of Jeff Sessions of the time I worry that my rights as a your responsibility as a Senator of our as Attorney General. Everything I US citizen will be revoked, despite the fine Democracy to vote only for one of know about this man makes him fact that my family has fought in them.’’ uniquely unqualified for the post. He every war in the US since the Civil Gary from Spokane, WA: ‘‘Jeff Ses- has not supported equal rights of mi- War. I am worried that he would allow sions does not believe that our laws norities and has supported vote sup- legislation to be law that would dehu- should protect everyone. He believes pression as a means to reduce the ef- manize me and other LGBTQ+ individ- certain groups should have less rights fect of minority votes. In the attorney uals because it doesn’t align with his and/or less protection under the law. general seat, Sessions will be able to apparent religious beliefs. He also He will allow discrimination, based on make decisions that will negatively af- seems to not hold much issue with civil his record. There is enough volatility fect the daily lives of some of our most rights as long as they don’t go ‘too far.’ in this time of ours to understand the vulnerable citizens. Please reinforce Additionally, his continual stance importance of a fair minded, tempered my belief in you as a leader and vote against immigrants could have a dis- and balanced person to head the de- no on Jeff Sessions for attorney gen- tinct impact on my city and commu- partment of justice. There is no deny- eral.’’ nity. We have a large Hispanic and ing we are entering a tumultuous time. JG from Seattle, WA, writes: ‘‘You Mexican population, many of them There is enough concern over Jeff Ses- must vote against confirming Jeff Ses- around the neighborhoods where I live. sions to give pause, consider the times sions as Attorney General. His record The many years I’ve lived here I’ve we are in, and come up with a better makes clear that he will not support found our multicultural community to choice. Concerns over our country voting rights for all Americans and be hard working and not the ‘evil’ that turning to totalitarianism are real. will not act to protect the rights of mi- Trump is adamant to make them out The president elect is extremely polar- norities or work to improve the crimi- to be. I do not feel reassured if he be- izing and may very well be breaking nal justice system. In fact, his record comes the Attorney General that he the US Constitution as soon as he’s makes clear he will move to suppress would stand up to Trump and fairly sworn in, due to conflicts of interest. voting rights and will promote DOJ ac- support these marginalized individuals The attorney general certainly needs tions that will hurt minorities in par- in the Department of Justice.’’ to understand these concerns and be ticular. He is not fit to serve as this JH from Seattle, WA, writes: ‘‘I trust able to enforce the laws of the Amer- country’s Attorney General.’’ that you will protect and stand for the ican people. There are many other tal- AM from Seattle, WA, writes: ‘‘I am ideals of our country and vote no to ented legal professionals with a wide a criminal defense attorney in Seattle. the appointment of Jeff Sessions as At- variety of skill sets related to law en- I write to ask you to vote against con- torney General. The job of the Justice forcement. This is the time to slow firming Jeff Sessions as United States Department is to protect all people, down a bit; delay . . . at least this ap- Attorney General. Under the Obama and to enforce the laws of the land to pointment. There is an appointment administration, many inroads have do so. Sessions has not in word or deed process for a reason. Make Mr. Trump been made into remedying the harms of demonstrated he is capable of doing so. come up with a better choice. No mat- mandatory minimum drug sentencing Even while awaiting confirmation, he ter your party, there is no win in be- and other forms of drug sentencing re- is supporting discrimination against coming a rubber stamp for Mr. Trump. form. Additionally, states like Wash- LGBTQ people by his support of the I vote nay for Jeff Session as Attorney ington have been allowed to sell mari- FADA. I expect any person confirmed General. Consider the importance of juana, legal under state law, without

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I have no confidence that Jeff Municipal Employees have said they with busloads of NAACP Members who also Sessions will continue to support any question the objectivity and sense of opposed the confirmation. This was a day of these policies. Please do not vote to justice needed on these important after he was arrested for sitting in on Sen- confirm him.’’ issues. ator Sessions’ office in Mobile as a means of LB from Seattle, WA, writes: ‘‘Please I mentioned the Lilly Ledbetter Fair protest in which he urged Senator Sessions block Jeff Sessions from becoming At- Pay Act and other issues of the Indi- to withdraw his nomination from consider- torney General. The idea of having a viduals with Disabilities Education ation by the Senate. racist attorney general is appalling. We Act, things that people are concerned In summation, I would like to reiterate that it is the experiences of the NAACP that need to improve race relations in this that they get the fair attention and en- country and in our law enforcement of- lead us to oppose Senator Sessions’ nomina- forcement of law. I ask unanimous con- tion. We further call on President Trump to ficers, especially. I am 41 and feel like sent that these letters be printed in the nominate an individual who have a dem- the race relations in this country had RECORD. onstrated commitment to the constitutional been improving steadily throughout There being no objection, the mate- promises of civil rights, voting rights and my life, at least on the west coast. It’s rial was ordered to be printed in the civil liberties protection and enforcement for very scary to me that this new admin- RECORD, as follows: all, and an articulated respect and promise to promote the civil and human rights of all istration has to brought to light all the NATIONAL ASSOCIATION FOR THE people, regardless of their race, ethnicity, issues that still remain but to be a ADVANCEMENT OF COLORED PEOPLE, gender, age, religion, place of national ori- great country we cannot be a divided Washington, DC, February 7, 2017. gin, sexual preference or station in life. one and with half our population being Re The NAACP Strongly Urges the U.S. Sen- Thank you in advance for your attention to ate To Vote No on Sen. Jeff Sessions minorities this appointment seems like the position of the NAACP. Should you have Nomination as Attorney General. a huge huge step in the wrong direc- any questions or comments, please do not tion.’’ U.S. SENATE, hesitate to contact me at my office. LR from Seattle, WA, writes: ‘‘I am Washington, DC. Sincerely, EAR ENATOR writing to ask you to do everything D S : On behalf of the NAACP, HILARY O. SHELTON, you can to stop the nomination of Jeff our nation’s oldest, largest and most widely- Director, NAACP recognized grassroots-based civil rights orga- Sessions as Attorney General. His Washington Bureau nization, I strongly urge you to vote against & Senior Vice Presi- record shows his hostility toward civil Jefferson ‘‘Jeff’’ Beauregard Sessions III for rights, the ACLU, the NAACP, the dent for Policy and Attorney General. Throughout this conten- Advocacy. LGBT community and more. I am espe- tious debate, and through his past actions, cially concerned about his ability to his recorded words, and his voting record as THE LEADERSHIP CONFERENCE ON send us backwards on gay marriage and a United States Senator, Sen. Sessions has CIVIL AND HUMAN RIGHTS, other civil rights laws. His appoint- demonstrated a clear disregard, disrespect, Washington, DC, December 1, 2016. and disdain for the rights and needs of all ment to head the Justice Department AN OPEN LETTER TO THE UNITED STATES American people. Senator Sessions possesses would be a disaster for civil rights law SENATE neither the political nor the moral tempera- in this country. Please help stop this ment to serve as Attorney General. CIVIL AND HUMAN RIGHTS ORGANIZATIONS travesty.’’ The NAACP staunchly opposes the con- OPPOSE CONFIRMATION OF JEFF SESSIONS MY from Edmonds, WA, writes: ‘‘I firmation of Senator Jeff Sessions based on DEAR MAJORITY LEADER MCCONNELL, am writing to urge you to continue due several factors, including the fact that he DEMOCRATIC LEADER REID, CHAIRMAN GRASS- diligence on the appointment of Jeff does not agree with us on a majority of LEY, AND RANKING MEMBER LEAHY: On behalf Sessions as attorney general. I do not issues as is reflected in our federal legisla- of The Leadership Conference on Civil and believe the political commercial I just tive report card. Since 1914, our report card Human Rights, a coalition of more than 200 saw trying to paint him in a wonderful has been reflective of our bread-and-butter national organizations committed to pro- light and asking people to contact sen- civil rights issues, and the fact that Senator mote and protect the civil and human rights Sessions has averaged, since coming into of all persons in the United States, and the ators to urge confirmation. I continue Congress, just over 10%, demonstrates his 144 undersigned organizations, we are writ- to have concerns about what he will do clear disregard for issues that are important ing to express our strong opposition to the to lessen voter rights and other issues to us and to those we represent and serve. It confirmation of Senator Jefferson B. Ses- under his authority. The advertisement would be a disservice to these people who sions (R–AL) to be the 84th Attorney General did not change my opinion and I feel support our priorities for us to not speak out of the United States. it’s just full of alternative facts. Please against this nomination. Supporters of the Senator Sessions has a 30–year record of continue to ask tough questions on all NAACP would argue, in fact, that the De- racial insensitivity, bias against immi- of these appointments.’’ partment of Justice is a crucial enforcer of grants, disregard for the rule of law, and hos- RR from Bellingham, WA, writes: civil rights laws and advisor to the President tility to the protection of civil rights that makes him unfit to serve as the Attorney ‘‘Please do not consider Jeff Sessions and Congress on what can and should be done if those laws are threatened. Given his dis- General of the United States. In our democ- for Attorney General. His views, clear- regard for issues which protect the rights, racy, the Attorney General is charged with ly displayed over the course of his ca- and in some cases the lives, of our constitu- enforcing our nation’s laws without preju- reer, are the antithesis of what our ents, there is no way that the NAACP can or dice and with an eye toward justice. And, country stands for around the world. should be expected to sit by and support Sen- just as important, the Attorney General has The United States has been a bastion ator Sessions’ nomination to head the U.S. to be seen by the public—every member of of freedom, truth and inclusiveness. Department of Justice. the public, from every community—as a fair Sadly, those qualities are rapidly dis- The disdain Senator Sessions has shown arbiter of justice. Unfortunately, there is lit- tle in Senator Sessions’ record that dem- appearing, faster than o thought pos- for civil rights organizations, including the NAACP, is as palatable as it is disturbing. onstrates that he would meet such a stand- sible, under the Trump administration. During his confirmation hearing in 1986 for a ard. ALL of our citizens are entitled to federal judgeship in Alabama, Senator Ses- In 1986, when then-U.S. Attorney Sessions equality under the law. All of our citi- sions replied to one question by saying, ‘‘I’m was nominated by former President Ronald zens are entitled to live freely regard- often loose with my tongue. I may have said Reagan to serve as a judge on the U.S. Dis- less of their race, religion, lack of reli- something about the NAACP being un-Amer- trict Court for the Southern District of Ala- gion, gender or sexuality. Jeff Sessions ican or Communist, but I meant no harm by bama, the Republican-controlled Senate is dangerous. He will dismantle civil it.’’ Yet he denied saying anything dispar- upheld its constitutional duty, undertaking rights laws, allow racial profiling, sup- aging about the NAACP in his recent hearing a careful and comprehensive review of his record at that time. The Judiciary Com- port laws that prevent access to voting before the Senate Judiciary Committee on January 9, 2017. mittee was presented with compelling evi- and encourage the abuse of the LGBT Lastly, in a floor statement made earlier dence that then-U.S. Attorney Sessions had community. Please vote no.’’ today, Senator Lindsey Graham suggested a deeply troubling record as an opponent of I also know there are letters from that the opposition of the national NAACP is civil rights enforcement, a champion of many organizations that also have op- out of step with the sentiments of Alabam- voter suppression tactics targeting African

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At folks,’’ and speaking favorably about the Ku 2014, he voted against S. 2578 to fix the Hobby the very least, these issues must be fully Klux Klan, as well as his prosecution of three Lobby decision by prohibiting employers aired and deliberated before each Senator African-American voting rights activists on from denying coverage of any health care makes a final decision with respect to his dozens of charges that were promptly re- service, such as contraception, required nomination—otherwise, the Senate’s con- jected by a jury. under federal law. Senator Sessions also op- stitutional duty to provide ‘‘advice and con- As you know, the Attorney General is our posed the reauthorization of the Violence sent’’ would be reduced to a mere farce. nation’s highest law enforcement official, Against Women Act in 2013, and when then- Given Senator Sessions’ record and public with a particular responsibility to protect candidate Donald Trump was revealed in a statements, the burden should be on him to the civil and human rights of all Americans. 2005 video to have made comments bragging prove to the Judiciary Committee, the Sen- The Leadership Conference opposes Senator about physically forcing himself on women, ate, and the American people—especially to Sessions’ nomination to become Attorney Senator Sessions declined to condemn the communities of color and immigrant com- General, in part, because of the previous remarks, even questioning whether the com- munities—that he can be trusted with the record we have cited. However, it would be a ments described sexual assault. tremendous power of the U.S. Justice De- grave mistake to assume that our opposition Criminal Justice Reform: Though Senator partment to enforce our nation’s civil rights is based only on incidents prior to his judi- Sessions was a longtime supporter of elimi- and immigration laws with integrity, fair- cial nomination. nating sentencing disparities between crack ness, and a sense of justice. Indeed, the following are examples of his and powder cocaine offenses, he has since The burden on Senator Sessions is not to actions as a Senator over the past 20 years been an ardent supporter of maintaining dra- prove that he is not a ‘‘racist.’’ For the that raise very disturbing questions about conian mandatory minimum sentences. Re- record, The Leadership Conference has never his fitness to serve as Attorney General: cently, Senator Sessions helped to block made such an allegation, as we do not claim Voting Rights: In addition to his failed 1985 broad-based, bipartisan efforts to reduce sen- to know what has been in his heart when he prosecution of three voting rights activists tences for certain nonviolent drug offenses. has taken the actions and made the state- who were working to increase African-Amer- He also opposed the President’s initiative to ments we have described above. Neverthe- ican registration and turnout, Senator Ses- address disparities and restore fairness to less, we believe those actions and statements sions has voiced strong support for restric- the justice system through the use of his are themselves disqualifying. tive voter ID laws that have had the effect of constitutionally granted executive clemency This is notwithstanding our recognition disenfranchising many otherwise eligible power. He criticized the Department of Jus- that Senator Sessions’ record does include voters, called the Voting Rights Act ‘‘intru- tice’s Smart on Crime Initiative, which has some positive actions. For example, the sive’’ as it seeks to protect eligible minority focused on prosecuting fewer but ‘‘more seri- Southern Poverty Law Center, while express- voters, and praised the Supreme Court ruling ous’’ drug cases and over the last three ing opposition to his confirmation, acknowl- in Shelby County v. Holder (2013) that gutted years, has contributed to a 20 percent reduc- edged that he was helpful in the Center’s a key part of the Voting Rights Act of 1965. tion in overcrowding in the federal Bureau of successful effort to sue and bankrupt the Ku This is hardly the record of someone to be Prisons. Finally, Senator Sessions con- Klux Klan following its role in the 1981 entrusted with the protection of voting demned the Department of Justice’s use of lynching death of Michael Donald. The Lead- rights for all Americans. its powers to investigate law enforcement ership Conference also worked with Senator Association with White Nationalist and agencies accused of misconduct and a ‘‘pat- Sessions in an effort that culminated in the Hate Groups regarding Immigration Policy: tern or practice’’ of violating civil rights, passage of the Fair Sentencing Act of 2010, Senator Sessions has been a fierce opponent calling consent decrees that mandate reform which reduced racial disparities in federal of comprehensive immigration reform, refer- following these investigations ‘‘an end run cocaine sentencing provisions. While these ring to a bipartisan 2007 bill as ‘‘terrorist as- around the democratic process.’’ actions are noteworthy, they do not change sistance.’’ He has closely associated himself Failing to Protect our Communities from our conclusion that Senator Sessions’ over- with NumbersUSA, the Federation for Amer- Pollution and Climate Change: Climate all record is too troubling for him to be con- ican Immigration Reform, and the Center for change and environmental degradation dis- firmed as Attorney General. Immigration Studies, all three of which were proportionately affect low-income families The collegiality that ordinarily governs founded by John Tanton, who held white na- and communities of color. Senator Sessions Senate decorum is no substitute for, and tionalist beliefs and called for the preserva- has a long record of voting against protec- must not supersede, the Senate’s profoundly tion of a ‘‘European-American majority.’’ tions for our clean air, water, and climate. important duty to vigorously and fairly re- Senator Sessions has also received awards Among his many anti-environmental votes, view each nominee who comes before it. We from the David Horowitz Freedom Center in 2015 he voted for the resolution to kill the believe that based on this review, there can and Frank Gaffney’s Center for Security Pol- clean power plan and for the Barrasso bill to be only one conclusion: Senator Sessions is icy, two organizations designated as anti- deny protections for streams that provide the wrong person to serve as the U.S. Attor- Muslim hate groups by the Southern Poverty drinking water for 113 million Americans. In ney General. Law Center. 2012, he supported a resolution that would Thank you for your consideration of our Hate Crimes and LGBT Rights: Senator roll back protections from toxic mercury. views. If you would like to discuss this mat- Sessions opposed the Matthew Shepard and America needs and deserves an Attorney ter further, please contact Wade Henderson, James Byrd, Jr. Hate Crimes Prevention General who will take into account the President and CEO, or Nancy Zirkin, Execu- Act, even though a unanimous Supreme health and safety of all communities. Sen- tive Vice President. Court had long ago upheld a similar state ator Sessions is not qualified in this regard law in Wisconsin v. Mitchell (1993). This is and cannot be counted on to protect our air, AMERICAN FEDERATION OF STATE, particularly disturbing at a time when there water, and climate. COUNTY AND MUNICIPAL EMPLOY- have reportedly been more than 700 hate in- Rights of People with Disabilities: Senator EES, cidents committed in the weeks since the Sessions opposed efforts to implement Ala- Washington, DC, February 7, 2017. election. The next Attorney General must bama’s obligation to provide community- U.S. SENATE, recognize that hate crimes exist, and vigor- based services to individuals with disabil- Washington, DC. ously investigate them. ities who were needlessly institutionalized. DEAR SENATOR: On behalf of the 1.6 million In addition, on LGBT rights, Senator Ses- In addition, he called the Individuals with members of the American Federation of sions supported a constitutional amendment Disabilities Education Act’s requirements to State, County and Municipal Employees to ban same-sex marriage. He also opposed include children with disabilities in main- (AFSCME), I am writing to express our the repeal of ‘‘Don’t Ask Don’t Tell.’’ stream education ‘‘the single most irritating strong opposition to the confirmation of Sen. Women’s Rights: Senator Sessions has con- problem for teachers throughout America Jeff Sessions as Attorney General of the sistently opposed legislation to advance today’’ and ‘‘a big factor in accelerating the United States. Sen. Sessions has a lengthy women’s rights, notably opposing multiple decline in civility and discipline in class- record of public service, but his record does efforts to address the pay gap, to protect rooms all over America.’’ This opposition to not demonstrate that he possesses the objec- women’s access to reproductive health serv- integration and inclusion is extremely con- tivity and sense of justice needed to serve as ices, which disproportionately affect low-in- cerning given the active role that the Jus- the nation’s chief law enforcement officer. come women and women of color, and to ad- tice Department plays in enforcing the Sen. Sessions has a troubling pattern of dress the scourge of violence against all Americans with Disabilities Act to enable antipathy toward legal protections on which women. Specifically, Senator Sessions op- people with disabilities to live independent working families depend. He opposed the posed the Lilly Ledbetter Fair Pay Act of lives, be full participants in their commu- Lilly Ledbetter Fair Pay Act enabling 2009, enabling women to file ongoing pay dis- nities, and to be educated in neighborhood women to challenge pay discrimination. He crimination claims, and has voted multiple schools and regular classrooms. Senator Ses- denounced the Individuals with Disabilities times against consideration of the Paycheck sions also opposed ratification of the Con- Education Act provisions that ensure that Fairness Act. Senator Sessions also opposed vention on the Rights of Persons with Dis- children with disabilities are included in Title X funding legislation, which supports abilities. mainstream education. He also opposed the

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.080 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S896 CONGRESSIONAL RECORD — SENATE February 8, 2017 reauthorization of the Violence Against fact that the defendants in that case were longer necessary. This is especially dis- Women Act and the Shepard-Byrd Hate acquitted didn’t deter Mr. Sessions. Later, as turbing as Senator Sessions voiced public Crimes Act. Attorney General of Alabama, he initiated support for voter-ID laws, while his home Sen. Sessions has expressed strong support another voter fraud investigation involving state recently tried to close over thirty DMV for voter ID laws which restrict the rights of absentee ballots cast by black voters that, offices, many in majority-black areas, short- many, otherwise, eligible voters. He has again, resulted in findings of no wrong doing. ly after instituting strict voter-ID require- called the Voting Rights Act ‘‘intrusive’’ as During that same timeframe, he was criti- ments. We are reminded of the words of it seeks to protect minority voters and cized for declining to investigate church Coretta Scott King in her letter opposing praised the U.S. Supreme Court ruling in burnings, and he ‘‘joked’’ that he thought Ku Jeff Sessions’ nomination to the federal dis- Shelby County v. Holder which gutted a key Klux Klan members were ‘‘OK, until [he] trict court in 1986: ‘‘The irony of Mr. Ses- part of the Voting Rights Act of 1965. learned that they smoked marijuana.’’ sions’ nomination is that, if confirmed, he Recently, Sen. Sessions helped to block bi- Against that background, Senator Sessions will be given a life tenure for doing with a partisan efforts to reduce sentences for cer- aggressively interrogated Justice Sonia federal prosecution what the local sheriffs tain nonviolent drug offenses. He has also Sotomayor, the Court’s first nominee of accomplished twenty years ago with clubs criticized the Department of Justice’s use of Latino heritage. Further betraying a deep and cattle prods.’’ consent decrees to address misconduct and belief in natural division between racial We will not attempt to address all the posi- violations of civil rights by law enforcement groups, he grilled Justice Sotomayor about tions Senator Sessions has taken that are agencies. whether she could be fair to white Ameri- out of step with the reality of the difficult Testimony provided by Sen. Sessions dur- cans, despite her 17-year record as a jurist times we are in, but as nurses we must in- ing his hearing has not alleviated our grave and having received the American Bar Asso- clude our grave concern that as Attorney concerns about his suitability to lead the De- ciation’s highest rating. And he expressed General he would not be vigilant in enforcing partment of Justice. We urge you to reject grave concerns that she would engage in ju- environmental protections. In a July 2012 his nomination. dicial ‘‘empathy’’ on the high court, favoring Senate hearing on climate science, Senator Sincerely, persons of certain races or ethnicities over Sessions dismissed the concerns about global SCOTT FREY, others. He then voted against her confirma- warming expressed by 98% of climate sci- Director of Federal Government Affairs. tion. entists, and asserted that this is ‘‘[a] danger Senator Sessions’ prejudices are not only that is not as great as it seems.’’ These posi- against people of color. As an organization NATIONAL NURSES UNITED, tions are frightening. Climate change is a representing a predominately female profes- Washington, DC, February 7, 2017. public health issue that cannot be over- sion we are compelled to express our outrage Hon. MARIA CANTWELL, stated. As nurses we have been seeing for that Senator Sessions defended Donald U.S. Senate, some time increases in the frequency and se- Trump’s statements about grabbing women Washington, DC. verity of respiratory diseases such as asth- DEAR SENATOR CANTWELL: We write on be- by the genitals, by saying that such conduct ma, bronchitis, and emphysema, as well as half of the more than 150,000 registered nurse would not constitute sexual assault. The fact an increase in cancers and aggravation of members of National Nurses United to urge that he took a different position during his cardiovascular illness. The effects of air pol- you to vote against the confirmation of Sen- Committee hearing is of no comfort. It only lution are particularly acute in pediatric pa- ator Jeff Sessions, President-elect Donald shows that he will say whatever he believes tients. They have higher respiratory rates Trump’s nominee for Attorney General. will help land him in the seat of power to de- than adults, and consequently higher expo- Much has been said by many others against termine whether, and against whom, to en- sure. Our elderly patients are also especially confirmation of this nominee, so we will be force our laws. His comments last fall dis- vulnerable. Respiratory symptoms as com- brief missing President-elect Trump’s despicable mon as coughing can cause arrhythmias, Our members work as bedside healthcare treatment of women is consistent with his heart attacks, and other serious health im- professionals in almost every state in the na- vote in 2013 against the Violence Against pacts in geriatric patients. As global warm- tion. We work in every hospital setting, from Women Act. As nurses, we see close up the ing progresses, we are seeing sharp increases small rural facilities to large urban public devastating effects of domestic violence in heat stroke and dehydration, both of health systems, in prominent research hos- against our patients, and we are disturbed by which are sometimes fatal. pitals affiliated with prestigious public and Senator Sessions’ alleged concern that the In our disaster relief work through our private universities, as well as Veterans Af- protection of that statute should not extend Registered Nurse Response Network, we have fairs hospitals and clinics. We care for Amer- to victims of violence on tribal lands. been called upon to assist the victims of Hur- icans on every point of the demographic Moreover, confirming Senator Sessions to ricane Katrina and Super Storm Sandy— spectrum, at their most vulnerable. We pro- the job of the top prosecutor would exacer- events that many scientists believe would vide the best care we possibly can, without bate our national crisis over race issues in not have been of the magnitude they were if regard to race, gender, national origin, reli- policing and our criminal justice system. He not for rising temperature. gion, socio economic circumstances, or other personally blocked the Sentencing Reform Current and future generations cannot af- identifying characteristic. That is what car- and Corrections Act, a bipartisan effort ford to have a fox minding the hen house on ing professionals do. Unfortunately, that is spearheaded by Sens. Charles Grassley (R– the important issues of civil and criminal not what Jeff Sessions has done in his role as Iowa), Mike Lee (R–Utah), and John Cornyn protections under the control of the Attor- a public servant. And to vote in favor of con- (R–Texas), and Speaker of the House Paul ney General. We urge you to set aside your firming him as the chief law enforcement of- Ryan (R–Wis.). The fact that law enforce- personal loyalty to Senator Sessions and ficer of the United States would abdicate ment leadership throughout the nation sup- evaluate honestly his record and fitness for your responsibility to provide the oversight ported the reform effort made no difference this critically important job. We urge you to necessary to ensure that basic legal rights to Senator Sessions. And unfortunately, his vote against his confirmation. are enforced evenhandedly and for the pro- actions as U.S. Attorney for the Southern Sincerely, tection of all people. District of Alabama only further illustrate DEBORAH BURGER, RN, As Senate colleagues, you no doubt know his indifference to this crisis. For example, Co-President, National Senator Sessions’ record as a lawmaker, as drug convictions made up 40 percent of his Nurses United. well as his record as the U.S. Attorney for cases when he served in that position—twice JEAN ROSS, RN, the Southern District of Alabama and as the the rate of other federal prosecutors in Ala- Co-President, National Alabama Attorney General. It was, of course, bama. his record in the U.S. Attorney’s office and Despite the current trend of focusing re- Nurses United. his many publically verified racially insensi- sources on violent crime, and away from out- Ms. CANTWELL. I also note that the tive comments that resulted in a majority of dated drug war policies, Senator Sessions National Nurses United, on behalf of the Senate Judiciary Committee voting continues to oppose any attempts to legalize 150,000 registered nurses, also urge the against confirmation for his nomination to marijuana and any reduction in drug sen- opposition to this nominee. And the be a U.S. District Court judge in 1986. This tences. As Attorney General, he could direct record of this individual has made ‘no’ vote happened while the Judiciary Com- federal prosecutors throughout the country mittee was majority Republican. Even Sen- to pursue the harshest penalties possible for these individuals concerned about the ator Howell Heflin, a fellow Alabamian, even low-level drug offenses, a step that resources and focus on crimes and ac- voted against him, citing ‘‘reasonable would further exacerbate our national record tions that they see in their day-to-day doubts’’ over whether he could be ‘‘fair and of incarcerating non-violent offenders—the lives. impartial.’’ vast majority of whom could be successfully They want to make sure they are Senator Sessions has oft asserted that his treated, at far lower cost to society, with ap- going to work effectively in addressing comments over the years were taken out of propriate healthcare treatment. these issues that they see through the context, or intended as humor. But his Nor should Senator Sessions be trusted to record tells the truth. Early in his career he ensure equal access to voting rights. He has health care system. All of these issues charged civil right leaders (‘‘the Marion publically called the Voting Rights Act ‘‘in- add up to a great deal of concern about Three’’) with voting fraud related to their ef- trusive,’’ and has insisted that its proactive this next vote that we are going to be forts to assist African American voters. The protections of racial minorities were no taking.

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.081 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S897 We are not under the illusion that they are going to uphold existing law eral who are responding more to the somehow, magically, the vote is going and how they are going to implement President of the United States than up- to turn out any differently than it did and enforce existing law as it relates to holding the laws of the land. on the last nominee. Why are we here these many issues. We are doing our I think Americans—at least the at 4:30 in the morning to talk about best here. We would rather not do it at Washingtonians who are writing me in this? Why are we going to continue to 4:30 in the morning. We would rather record numbers, who are speaking out pursue efforts, as the minority, to get not do it at 4:30 in the morning, but we in record numbers, who are concerned time to discuss these nominees? We are will do it at 4:30 in the morning if that in record numbers—want the laws on going to do that because we have great is what it takes to get the airing on the book to be enforced, and they want concerns about their record. And, these issues and this amount of atten- the steps they are taking and making frankly, in the case of the next two tion. progress on as a State to also work in nominees who are coming before us, we So I do find that the other side of the coordination with the next Attorney had specific questions asked about aisle, trying to gavel down my col- General. their actual actions and statements league from Massachusetts, was an at- I will be honest with people. I did not and the testaments before the Finance tempt to try to say that you can con- vote for the law to legalize marijuana Committee. Instead of the majority an- trol this debate. You can control the in my State. I did not vote for it. I did swering those questions for us, they de- questions we have or the discussions not think that given some challenges cided not to answer them and push the we want to have or the concerns that and issues we had, it was the right vote to the floor of the United States our constituents have, which are real. I thing to do. That is how I cast my vote. Senate. don’t think it takes a genius to see But more than 20 counties in our State, I am very concerned about the Price that many people marching in Seattle out of 39, voted for this law. It is not nomination, and the discussion that I on women’s issues or an attorney gen- something that just Seattle did and it hope we are going to have time to have eral or a Governor who files a case or dominated the State, and there were here on that nomination and to bring all the discussion that is happening, as just a bunch of people in Seattle who light to the issues that we didn’t get to I said, in response to a bombing at a wanted to legalize marijuana; it was bring to light in the Finance Com- health clinic just within the last few counties throughout our State. Some mittee. years or a bombing that happened in of our most rural counties voted for The Treasury nominee that we will Spokane, an attempt on a Martin Lu- the legalization of that product. give time to in the next several days, ther King Day parade just several In the ensuing years, we have had a the discussion of that record, the years ago, where somebody left a back- good relationship with the Attorney things I am interested in, obviously, pack trying to do harm—these are General and the Department of Justice are the protection of Medicare and issues today. on how that law was going to continue Medicaid, and making sure we expose They may be the same struggles that to play out. So, as you can imagine, it what is the concept and idea to either our Nation has had, but we have made is a much more integrated system now cap or cut the benefits that Americans it through, and we want a law enforce- several years later. Several questions are getting under those programs ment officer in the land to uphold the still remain about how this country is today and to have a great discussion law, enforce it, and to fight for the going to address that issue as a nation about a very important issue that was civil liberties of these individuals. as a whole. talked about during the campaign and So I go back to my opening com- But right now, right now, we want to was put into party platforms on both ments about this. And that is that I know we are going to have an Attorney sides of the aisle, but now all of a sud- truly believe that mark that was set in General, and my obligation to a citi- den seem to be forgotten. That mys- the Saturday night massacre is the zenry who has passed by initiative this terious, but all-important issue, some- mark we should always strive for. I decision is to make sure that I am thing called Glass-Steagall, the separa- happened to ask at the time, when I looking for people here who are going tion of commercial and investment first got on the Senate, I sat on the Ju- to work with the State of Washington banking. That is what the Trump cam- diciary Commission for 2 years, and I on that right that our State has to con- paign, now President Trump, working asked Attorney General Ashcroft about tinue to move forward. with Republicans, put into a platform. these issues. I asked him specifically, if So it is of concern. As I said, the no- Let us have Glass-Steagall. you become the Attorney General for tion that a previous Attorney General Let us have separation of commercial the Nation—at this time we had a law did not agree—not this past Obama ad- and investment banking. Why? Because that had been implemented, the ministration, but the previous Bush ad- it is the disaster that brought us the roadless area rule. Even though it had ministration literally came to our implosion of our economy and cost our become the force of law, would he en- State when we had a medical mari- economy $14 trillion, according to the force that, even though the new Presi- juana law and forced the investigation Dallas fed. Yet, many Americans have dent wanted to overturn it? Because I and shutdown of some facilities, caused not fully recovered from that event. I wanted to get across this very issue: great concern to medical patients get that a lot of banks have recovered Are you working for the American peo- throughout our State. So this is raising because we gave them the keys to the ple? Will you uphold the law if, in fact, a question for people here. It is my ob- Treasury, and they got bailed out, but that is the law of the country? At this ligation to make sure these issues are a lot of everyday Americans have not point in time, Mr. Ashcroft hesitated raised and brought up as we seek this recovered. And certainly there are pen- about whether it did have the force of discussion on the Sessions nomination sion issues in the questioning of nomi- law but said that if it did have the to be Attorney General for our coun- nee Mnuchin. There was some discus- force of law, he would certainly uphold try. sion, ‘‘Well, that is not what we meant. it. Obviously, we saw a lot of Executive I again thank my colleagues for That is in the party platform, but that orders in the early days of the Bush ad- being out here and for all of the discus- is not what we meant, and that is not ministration trying to overturn many sions we have had on these issues. We what we are going to pursue.’’ And cer- of these things, and we saw an Attor- should not be afraid to have these dis- tainly the rollback of Dodd-Frank pro- ney General’s office that stood by. In- cussions. We should not be afraid to visions, that were just done in a Con- stead of defending these laws in court, think about how we are going to work gressional Review Act, without very basically they were effective at not im- not only across the aisle, as I have much discussion or fanfare or under- plementing fighting them because basi- done with my colleague SUSAN COLLINS standing by the American public, these cally they did a very poor job in the on those homeland security Court kinds of actions are the things we seek court process—or decided not to argue issues—we worked successfully with debate on. or to file on behalf of the existing law, Jeh Johnson, the last Homeland Secu- As these nominees come right after as opposed to answering to the Senate rity director, to make sure that we this, my constituents in the State of of the United States. were moving some of our airport border Washington are feeling as if these So we have seen examples of this. We control issues to overseas airports. We nominees need to be questioned on how have seen examples of Attorneys Gen- were able to get that done in December

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.294 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S898 CONGRESSIONAL RECORD — SENATE February 8, 2017 after the San Bernardino event and that it puts on the stenographers who Those individuals end up on Medicaid. make sure that we are now working. are here and have been working around If they end up on a Medicaid system Why do we want them over there? the clock. But what we want is to have that is based on nursing home care, the Why do we want the border control and a hearing on the issues we are con- U.S. Government is going to be paying efficiency over there? Because then you cerned about. We want to be able to a lot more money for those services. can work more in coordination with have these issues discussed not nec- Those are all issues that we want to law enforcement about who bad actors essarily in the middle of the night but discuss with our colleagues, and we are before they reach the shores of the during the broad daylight so that we want to have an opportunity to do so United States. By working with local can engage the American people on during the next several days. We hope law enforcement in those countries, we what these choices are so that our col- you will give us the ability to do that have better ways to find information leagues on both sides of the aisle will instead of holding all-night sessions— about individuals we have concerns hear from their constituents and will do that during the day—and give us about. That is the best nexus for us, hear why these issues are so important. ample time on those nominees and and so she and I have worked on that In the two cases we are going to see push those to next week so that we can issue. following this nomination for Attorney have that discussion now. As I mentioned earlier, Senator COL- General, we are going to individuals Again, I want to thank the floor staff LINS and I are big advocates for the use who did not fully respond and answer and everybody who has been here these of biometrics because you can identify the questions we wanted answered as it two nights. It is a long haul. It is a people. As I mentioned, in the Ressam related to information they supplied to long haul to do there. But behind every case, if we had identified Ressam the the Finance Committee. Member who has spoken on my side of first time he entered France, we would So when you talk about—some people the aisle, I can tell you, there is a pas- have known who he was when he got to say: Why are you guys doing this? We sion of our constituents. There are true Canada. It would not have taken him say: Well, it is the Treasury nominee concerns, both by individuals and I going to the U.S. border. We would and the head of our health care system. would say businesses, as you can prob- have found out when he arrived in Can- So basically it represents all our rev- ably see from those who joined the case ada. But this is the United States using enue and a big chunk of our spending. Washington State brought. You can see our clout and using our efforts to say That is what those two individuals rep- that there are issues here of how our to our European counterparts: We have resent. They represent the revenue economy works and how businesses implemented these biometric stand- that our country raises and a big work as well. ards, and we want you to implement chunk of the money. In fact, I think The passion and fervor that drive them, and we want to work together to health care is 7 percent of our econ- people to come here and speak on these make sure people we have great sus- omy. It represents a big aspect of our issues is really one that represents the picion and concern about are being ad- economy—those two individuals. So we whole society we in the Northwest rep- dressed. want to make sure we have ample time resent, the economic issues and the So, yes, we can work across the aisle to discuss those nominees, to raise the challenges that we face and how we on these issues. We can find ways to questions we have about those nomi- have lived together in the diversity make sure that we are protecting civil nees. Maybe in that discussion here on that has emerged and how much that liberties and also addressing the most the Senate floor in the bright light of diversity in the Pacific Northwest has heinous of these crimes and working to day, we will get some answers. We will grown our economy. That is what peo- find individuals in a cooperative fash- get some answers about some of the ple are telling us. People want to ion, knowing that we are going to have things that were discussed in the hear- know: What is the economic engine of to do this on an international basis. ing about opposition to certain issues the Pacific Northwest? And one of the So I urge our colleagues on the other or incorrect information. We will en- things that scientists and researchers side of the aisle to think about what gage our colleagues in a debate, and come up and say is that it is diversity. America now needs in moving forward maybe they can help us understand the The diversity adds to the creativity, on the protection of civil liberties. I support for ideas like basically, you the creativity adds to the inventive- hope that—I am sure it is tempting to know, changing Medicare into a pro- ness and the ingenuity, and the inge- want to reach and to do some of these gram that caps the benefits on individ- nuity is what is propelling these var- issues in Executive orders. uals or taking Medicaid and doing the ious businesses all across the various I mentioned the other issues of gov- same thing. sectors. I am not just talking about ernment surveillance in the Pacific I am a big proponent of changes in high-tech sectors; I am talking about Northwest that the State of Wash- delivery system reform that have driv- in agriculture, in aerospace, certainly ington for sure has concerns about. en great efficiencies into the health in tech, but in many other aspects of These are our issues. care system. I think many of our col- manufacturing as well. So we want a Infringing on the civil liberties of leagues don’t know, for example, about nominee for Attorney General who is American citizens is not a pursuit we a program that got people out of nurs- going to recognize that diversity, fight should be following. We should be ing homes and into community-based for that diversity, who is going to working in coordination with law en- care; that a lot of States in the coun- stand up to the President of the United forcement on verifying that people are try that use this part of the Affordable States when they need to stand up and who they say they are and pursuing an Care Act now are driving more effi- continue to make the effort that pre- agenda, working with our international cient health care services into those vious Attorney Generals have made in counterparts, to stop people in those States—a lot of States that did not doing the job that it takes to be the countries before they even plot a case support President Obama, did not sup- top law enforcement officer in the land like the Ressam case in the State of port the Affordable Care Act, but took of the United States. Washington. the money from the Affordable Care With that, I suggest the absence of a I know my other colleagues will be Act and are now implementing a much quorum. showing up here shortly, but I just better delivery system for those who The PRESIDING OFFICER. The wanted to put an additional note in. If are living longer and need assistance clerk will call the roll. any of our colleagues on the other side on health care. The legislative clerk proceeded to of the aisle are up early and just hap- Why is that so important? Because call the roll. pen to turn on the television, if that is back to my point about Glass-Steagall Mr. MURPHY. Mr. President, I ask one of the things they do in the morn- and the implosion of our economy, unanimous consent that the order for ing—we asked our colleagues to give us what we are going to see is a very great the quorum call be rescinded. ample time to debate on the Price and tragedy on retirement issues. We are The PRESIDING OFFICER (Mr. Mnuchin nominations. We can continue going to see a lot of people who don’t YOUNG). Without objection, it is so or- to do the all-night thing. We can. I feel have enough money to retire and cer- dered. for the floor staff and the people who tainly not enough to take care of their Mr. MURPHY. Mr. President, as I are here all night and the extra strain health care. So what happens then? began last night at 4 in the morning—

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.295 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S899 now 5:30—I thank the staff, both the priate for me to guess at it. But the ef- That decision made it vastly more nonpartisan staff and those in the ma- fect of the majority leader’s action is difficult for the Federal Government to jority and minority for enduring an- to stifle debate, to make it less likely protect individuals from racial dis- other late night. These are exceptional that Members of the Democratic mi- crimination in voting. The Supreme times. Thus we are here again in the nority will raise objections to Senator Court effectively substituted their po- early, early morning to talk about a SESSIONS’ nomination and record objec- litical judgment on the status of rac- nomination to the President’s Cabinet. tions as to his conduct. ism in America for the judgment of This is my first time on the floor I am not trying to equate what hap- this Congress. Effectively, the Supreme since Senator WARREN was gaveled pened here last night with what our Court was saying in that decision that down last evening. Let me just speak President has done, but there is a prac- in our belief, racism is no longer a for a moment about my deep, deep dis- tice now. There is a pattern of behavior problem in the way that it was when appointment at the events of early last among Republicans, trying to stifle the Voting Rights Act was passed, and, evening. I want to put this in the con- and quell opposition to this President. thus, there is no longer an imperative text of the political moment that we The President uses the bullying power for section 5 of the Voting Rights Act, are living in. of Twitter, and the majority leader which allows for the Federal Govern- We have a President of the United now is twisting the rules of the Senate. ment to oversee the voting laws of a se- States today who is a bully, who is I say that because, while it may be lect number of counties with patterns using his office to try to stifle and true that technically the rules of the of racial discrimination. quell debate. If you dare oppose him— Senate don’t allow you to talk about That was an absurd ruling. frankly, whether you are a Republican the conduct of a fellow Senator, how on I have great respect for the members or a Democrat—you are going to be Earth can you debate a nominee from of the Supreme Court, but they live in- called names, you are going to be this body to the Cabinet without ques- side the ivory-ensconced marble of the mocked in an effort to try to silence tioning their conduct? Supreme Court chamber. They don’t you. So technically, the rule may say that have experience on the ground, like the In the last week, we have seen Presi- you cannot talk about the conduct of a elected Members of this body do, to un- dent Trump attempt this tactic on fellow Senator, but how on Earth can derstand the reality of racism in Amer- members of the judiciary. When he got this body operate when Members of it ica today. I wish it were gone, but it is a ruling he didn’t like from a judge in are nominated to important positions not. Blacks and Hispanics are still dis- Washington that temporarily halted if we cannot talk about the conduct of criminated against. his ban on Muslims entering the coun- fellow Members and we cannot criticize You just have to look to see what try, he started personally attacking the conduct of fellow Members? happened in North Carolina to under- this judge, sending a signal to those in Now, I appreciate the fact that Sen- stand the truth of that. North Carolina the judicial branch that, if you dare op- ator MERKLEY was able to come down passed a number of laws which, on pose him, you are going to be singled to the floor and read the full letter into their face, they argued were not dis- out for ridicule. the RECORD overnight. I appreciate the criminatory. They were just, in their The President of the United States is fact that Senator BOOKER was able to words, voter protections, buffers going to try to destroy your reputation read into the RECORD testimony from against voter fraud. And then, when we and your career as a judge, as a jurist, another civil rights hero, JOHN LEWIS, read the correspondence of the mem- as an impartial arbiter of the law if without being similarly gaveled down bers of the State legislature to pass you rule against his political interests. for his conduct. that law, what we learned is that they It is an exceptional moment. It is an But this effort, this continued effort were specifically intended to try to exceptional moment in which the to try to stop people who oppose Presi- stop African Americans from voting. President of the United States is try- dent Trump and his agenda from speak- The people who were passing those ing to bully judges into ruling in his ing truth to power is not right. It is laws were talking to each other trying favor. It is an exceptional moment, not right. And it will, frankly, have the to figure out how they could most ef- though we have been watching it for opposite effect. fectively target laws to stop African the last 2 years, in which the President You have seen what happened over- Americans from voting. That was their is trying to bully Members of Congress night on our side. We are not going to clear intent, even though they argue to cow to his interests. stop talking about Senator SESSIONS’ that there was no racial bias implicit I want to be very careful about how I record and how we believe it is dis- in the passage of that law. talk about this because I have great re- qualifying for his nomination for At- Racism is not dead in America. You spect for the parliamentary rulings of torney General. The protests and the don’t wash away discrimination in just this body. But I don’t understand why numbers of people gathering around one generation—a generation and a our majority leader chose to gavel the country to object to the policies of half, maybe—after laws that separated down Senator WARREN when she was President Trump are getting bigger the races with respect to public accom- simply reading a letter from Coretta and bigger the more that he bullies and modations and restaurants and drink- Scott King. bullies. This isn’t going to work. ing fountains and bathrooms. That We celebrate the legacy of Martin So I am going to speak to Senator doesn’t just vanish in one generation Luther King with a holiday every year SESSIONS’ record. I am going to speak later. Everybody understands that. in this country. In the pantheon of in- to how I believe it does not qualify him Poll after poll will show you that dividual greatness in the United States to be Attorney General, and that there are still people in this country of America, it doesn’t get any higher doesn’t mean that I don’t have great who believe that African Americans than Martin Luther King. His widow respect for him. I have worked with and Hispanics are inferior. I wish it wrote us a letter expressing her objec- Senator SESSIONS on a number of weren’t the case, but it still is. So we tions to the nomination of JEFF SES- issues. But if I can’t talk about Sen- still need the Voting Rights Act. We SIONS based upon the belief that he ator SESSIONS’ record, if I can’t talk still need the Civil Rights Act. And we would not live up to the legacy of her about his conduct as a Senator, as it are about to vote on a nominee to be husband and his work in civil rights. relates to whether or not he can be the Attorney General who calls the Voting Nothing could be more relevant to chief law enforcement official in this Rights Act intrusive, who says that a this discussion than the opinion of a country, then there is no use in having Supreme Court decision that guts the member of Martin Luther King’s fam- this debate at all. Voting Rights Act is ‘‘a good thing for ily on whether or not this nominee was Senator SESSIONS has publicly called the South.’’ It is not a good thing for going to enforce appropriately, vigor- the Voting Rights Act intrusive. In re- African Americans in the South. It is ously the civil rights laws of this Na- sponse to the Supreme Court’s 2013 de- not a good thing for Hispanics in the tion, and Senator WARREN was si- cision in Shelby County, AL, v. Holder, South. It may be a good thing for the lenced. which gutted section 5 of the Voting people who wrote those discriminatory Now, I don’t know what the motive Rights Act, Senator SESSIONS called it laws, but it is not a good thing for was, and it certainly would be inappro- a good thing for the South. those who are trying to vote who have

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.282 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S900 CONGRESSIONAL RECORD — SENATE February 8, 2017 witnessed and lived through decades of that for these kids, these DREAMers as still watching the community of New- discrimination. they call them, they should be able to town spiral through ripples of grief as- Let me talk about Senator SESSIONS’ stay in the United States. Senator SES- sociated with the trauma of December record on immigration. In 2007, Senator SIONS has vigorously opposed this pol- of 2012. Senator SESSIONS and I clearly SESSIONS referred to a comprehensive icy and many DACA-protected immi- have differences about the way in immigration reform bill as ‘‘terrorist grants now fear deportation under a which the Federal Government should assistance.’’ He has been a leading Department of Justice that is led by restrict the flow of firearms in this voice in Congress in arguing against Senator SESSIONS. country. immigration reform. In two decades in His conduct tells us that he opposes You know, it has to be relevant to the Senate, Senator SESSIONS has op- protections for young men and women the decision that I make. This is the posed every single immigration bill who know nothing other than the chief law enforcement official of this that has included a pathway to citizen- United States and want simply to have country, so the views on firearms are ship. He has favored, similar to Presi- a shot with the American dream. That relevant. Whether or not the Attorney dent Trump, an ideological test for ad- conduct is relevant to whether he is General has the discretion to make pol- mission to the United States. He said qualified to be Attorney General. icy on the issue of what firearms are this: On criminal justice reform, Senator legal and what aren’t or what sales are Immigration policy must be guided by our SESSIONS has personally blocked the subject to background checks and what understanding that western society is unique Sentencing Reform and Corrections aren’t, there is a bully pulpit associ- and special. Our values, our rules, our tradi- Act, which is a bipartisan effort spear- ated with the chief law enforcement of- tions are what make our society succeed headed by Senators GRASSLEY, LEE, ficial that carries weight, so Senator where others fail. It is necessary and proper SESSIONS’ beliefs on firearms policy are to choose who among the world’s 7 billion CORNYN, and Speaker of the House people will be granted the high honor of im- PAUL RYAN. As Attorney General, Sen- relevant. His record and his conduct in migration to the United States on the basis ator SESSIONS will have the power to the U.S. Senate on the question of gun of confidence that they share our values. direct Federal prosecutors throughout violence is relevant as to whether he That is a radical idea. Why don’t we the country to pursue the harshest pen- should be our next Attorney General. think about that for a second. The At- alties possible for even low-level drug Senator SESSIONS has lined up with the torney General of the United States offenses, a step that would further ex- gun lobby over and over again against will make important decisions about acerbate our national record of incar- commonsense reform of our gun laws the enforcement of immigration law in cerating nonviolent offenders, the vast that are supported by 90 percent of this country. Much of what happens in majority of whom can be successfully Americans. immigration policy happens in the De- treated at far lower cost to society He has voted against expanding back- partment of Homeland Security, but with appropriate health care treatment ground checks to cover sales at gun the Attorney General makes important for their addiction or mental illness. shows or online. He has voted against a decisions about upholding the law on Senator SESSIONS’ conduct in this body bipartisan effort in the Senate to make immigration policy, and we are about has been to oppose efforts to try to sure that if you are on the terrorist to vote to confirm a Member of this treat with more compassion and com- watch list that you cannot purchase a body who has said that there should be monsense offenders in this country who weapon. He has voted against efforts to an ideological test for admission to the would be better served through treat- try to restrict sales of high capacity United States and that you have to ment than through incarceration, so it magazines and assault weapons, the share our values. I don’t know what is relevant to his nomination to be At- kinds of magazines and the kinds of that means, but the greatness of the torney General where he will have weapons that were used in the horrific United States is based on the fact that broad discretion to lock up people for crime in Sandy Hook. What Senator we have been able to bring people from low-level offenses. SESSIONS has said is that, if he were a variety of different backgrounds, a In Connecticut, we made the decision confirmed, he would take on the rising variety of different value sets, a vari- to divert people who are convicted of homicide rates in some American cities ety of different religions—bring them crimes but have serious mental illness by working against illegal firearms into this country and allow them to or addiction into treatment. We have use. He has pledged that he will enforce keep part of their heritage, part of made the decision to reserve our prison the law. Yet, again, coming back to his their belief system from the places system for the worst of the worst, conduct and his record in this body, he they came from, whether they be Ire- mainly for violent offenders, for those has been part of an effort to try to land or England or China or Mexico, who are convicted of serious crimes. strip from the Department of Justice and then also assimilate into the whole Connecticut has seen its prison popu- and its appendages the tools they need and adopt part of this country’s short lation fall to a 20-year low. On Sep- in order to enforce the law. Every year history of tradition over the last 240 tember 3, 2016, the prison population in we have on our appropriations bills rid- years. What makes America great is Connecticut dropped below 15,000 for ers that specifically stop the ATF from that we allow people to bring values the first time since January of 1997. At enforcing existing law. We restrict different from ours into this country, the same time, rates of reported vio- their ability to do inventories of gun which in turn strengthens our collec- lent crimes have plummeted in Con- dealers. We prohibit them from keep- tive set of values. We are constantly necticut. So the proof is in the pudding ing modern databases on gun sales challenging ourselves with new ideas, in my State. My State has reduced its across the country. with new perspectives. prison population and at the same time The policy that Senator SESSIONS has Senator SESSIONS has been an oppo- has reduced its level of violent crime backed and voted for in this body runs nent of Delayed Action for Childhood and many States can tell the same contrary to the statements that he has Arrivals policy. This is commonly re- story. Yet we can predict through his made. He has supported efforts to rob ferred to as DACA—the idea that if you record on the floor of the U.S. Senate from the Department of Justice the are a child who came to this country that Senator SESSIONS may use his ability to enforce the existing law on when you were very young, knowing power as Attorney General to reverse guns, yet he says when he gets there nothing other than the United States, that trend line and lock up more of my that he is going to use all efforts to en- an American in name if not legal sta- constituents, which I would argue will force the law. Further, he has opposed tus, then you should be able to stay in have an upward effect on the rates of efforts to give new tools to the Depart- this country. It is cruel and inhumane violent crime. Why? Because those in- ment of Justice to try to keep our to take a young man or woman who dividuals, having gone through the streets safer. Shortly after Sandy came to this country when they were 3 process of incarceration and coming Hook, he specifically debated on this or 4 years old and send them back to out unreformed, untreated, will be no floor legislation that would make it a their country of birth, and I think less of a danger to society. Federal crime to traffic in illegal guns. Democrats and Republicans of goodwill Finally, I want to talk about the I don’t know how much less controver- generally agree, if not on the broad as- issue of gun violence in this country. sial you can get when it comes to gun pects of the pathway to citizenship, Obviously this is very personal to me, policy. We all agree that you shouldn’t

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.284 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S901 be able to walk into a store, buy guns, to be the chief law enforcement official I am incredibly proud that my home say they are for you, and then go out in this country. State of New Hampshire understands on to the streets and sell them to I yield the floor. that the values of inclusion and equal- criminals. It happens all the time in I suggest the absence of a quorum. ity are at the very core of what makes our cities. The PRESIDING OFFICER. The us American and at the core of our con- Somebody goes and buys a mess of clerk will call the roll. stitutional system. We believe in free- guns at a gun store or gun show and The legislative clerk proceeded to dom and the value of every person, and then goes into a city and sells them call the roll. that is our duty and our destiny—to ex- out of a trunk of a car to criminals Ms. HASSAN. Mr. President, I ask tend the same freedoms we enjoy to all who couldn’t otherwise go buy these unanimous consent that the order for of our people. We value human rights guns because of their criminal back- the quorum call be rescinded. and we see inclusion and equality as The PRESIDING OFFICER. Without ground. core principles in our laws. These val- objection, it is so ordered. So we proposed a simple Federal law Ms. HASSAN. Mr. President, I rise ues have helped our State become a that would make it a Federal crime to today to join my colleagues in oppos- leader in advancing the rights of the do that, and you need that, because lesbian, gay, bisexual, transgender, and ing the nomination of Senator JEFF States can’t enforce that on a State by queer community, recognizing that all SESSIONS to be Attorney General of the State basis because these guns are United States. people deserve the legal right to fully often trafficked across State lines. Now more than ever, it is critical to participate in the social, civic, and eco- Senator SESSIONS voted against that. have an Attorney General who is an nomic life of our communities. He is not going to be a champion for independent defender of our Constitu- Years ago, New Hampshire led the enforcing the gun laws of this Nation. tion, who puts the rule of law before all way in becoming one of the first States His record is not going to magically else, and who is committed to ensuring in the Nation to pass marriage equal- transform when he becomes Attorney that all Americans have equal access ity, and I took great pride in casting General. I have great respect for Sen- to justice. Unfortunately, I do not be- my vote for that legislation as a State senator. When we passed that legisla- ator SESSIONS, but he has been a chief lieve that Senator SESSIONS is fully opponent of making the gun laws of committed to enacting those prin- tion, we made clear once again that when we as a State or a country bring this country more amenable to proper ciples, and every American should be people in from the margins into the and appropriate and efficient enforce- concerned that he will not independ- heart and soul of our democracy, we all ment, and that is not going to change ently stand up to President Trump. get stronger. when he becomes Attorney General. Senator SESSIONS was one of Trump’s About a year after we took that step So I am going to vote against his earliest supporters and has been a key in New Hampshire to enact marriage nomination later today, and I encour- source of influence for the President’s equality, I was sitting on a plane in the age my colleagues to do so as well. His actions. White House Strategist Ste- window seat, and the man next to me record on civil rights, on criminal jus- phen Bannon recently wrote to the noticed my name on the notebook I tice, on immigration, and on gun pol- Washington Post: ‘‘Throughout the was reading and said: Aren’t you elect- icy do not qualify him to be Attorney campaign, Sessions has been the fierc- General. ed in New Hampshire? What do you do est, most dedicated, and most loyal there? I am deeply sad about what happened promoter in Congress of Trump’s agen- here last night with respect to the let- I told him I had been a State senator. da, and has played a critical role as the He looked at me and said: Did you ter read into the RECORD by Senator clearinghouse for policy and philos- have anything to do with marriage WARREN. I understand that things seem ophy to undergird the implementation equality passing? to be breaking down a little bit in this of that agenda.’’ Now, I wasn’t sure what this man’s Chamber, that nerves are frayed and In the wake of President Trump’s point of view was as I sat next to him people are acting in ways that maybe first few weeks in office, in which he on this plane ride. I said: Well, yes, I they wouldn’t have acted a few years signed dozens of Executive orders—in- was in the New Hampshire Senate, and ago. These are exceptional times. I cluding the un-American backdoor I voted to pass marriage equality. have never seen a President like this, Muslim ban—it was reported that Sen- He said: I want to thank you for it. I trying to divide us from each other, ator SESSIONS played a role in influ- am a recruiter for one of our State’s using his position to bully and intimi- encing the President’s policy and strat- largest employers, and marriage equal- date his political opponents. Raving egy. ity is one of the best recruitment tools about a brutal dictator in Moscow who My office has heard from thousands we have. murders people. We have never seen a in New Hampshire who have had seri- I asked him to expand a little bit on moment like this. We should be really ous legitimate concerns about the that. He said: It isn’t that we have any careful that we don’t model that be- President’s actions in his first few particular percentage of LGBTQ appli- havior here in the Senate. weeks. I am concerned by reports that cants or employees that is unusual, but What makes me sad is that it looked Senator SESSIONS pushed for an even the fact that New Hampshire passed to me like that is what happened—that more aggressive approach. marriage equality signals to people we in this body the majority party tried to The Washington Post reported: ‘‘The are trying to recruit that we are an use the rules of the Senate in order to Senator lobbied for a ‘shock-and-awe’ open and inclusive State, where every- bully Members of the minority into si- period of executive action that would body is welcome if they are willing to lence. It is not going to work. If we rattle Congress, impress Trump’s base, work hard and do their part to move us want to get back to being able to func- and catch his critics unaware. . . . ‘’ forward. tion as a body, then we better be OK Senator SESSIONS’ record in Congress During my time as Governor, we con- with being able to have some open, and his history of standing against the tinued to fight for progress for the honest conversations about the future constitutionally protected rights of LGBTQ community, including issuing of this country and the future of this millions of Americans is deeply trou- an executive order to prohibit discrimi- body. bling. These are issues that my office nation in our State government on the I am going to vote against Senator has heard from constituents across basis of gender identity or gender ex- SESSIONS today. That doesn’t mean New Hampshire. As a resident from pression. that I haven’t enjoyed working with Merrimack wrote: ‘‘Pick a current civil Unfortunately, Senator SESSIONS’ him on a number of subjects, but he is rights issue and Sessions is on the record and previous comments call into not the right person to be Attorney wrong side of history.’’ question whether he will enforce the General—not close, frankly—and I hope I do not have confidence that Senator Federal laws designed to promote that over the course of the day my col- SESSIONS would be an independent At- equality and protect the LGBTQ com- leagues continue to talk about his con- torney General who would put the munity. Senator SESSIONS has been a duct, continue to talk about his record, rights of all Americans before the vocal opponent of marriage equality, and continue to explain why it does not whims of this President, and that is going as far as to label same-sex mar- qualify him in any way, shape, or form why I oppose this nomination. riages as dangerous.

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.285 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S902 CONGRESSIONAL RECORD — SENATE February 8, 2017 In 2004, he stated: ‘‘But I do believe shows that he will not stand up for the care at Planned Parenthood health that it is not disputable that adopting rights of LGBTQ Granite Staters and centers. Senator SESSIONS has stated a same-sex marriage culture under- Americans if he becomes Attorney that Planned Parenthood should not mines and weakens marriage.’’ General. receive Federal funds for any services Following the Supreme Court’s 2015 There are other issues of concern as because, among the other health care decision that guaranteed marriage well. I have always fought to protect a services it provides, it provides the equality in all 50 States, Senator SES- woman’s constitutionally protected constitutionally protected care—abor- SIONS said: ‘‘The marriage case goes be- right to make her own health care de- tion—that a woman needs when she de- yond what I consider to be the realm of cisions and control her own destiny, cides she must terminate a pregnancy. reality.’’ and I always will. Roe v. Wade is a Senator SESSIONS has opposed wom- As Attorney General, it would be landmark decision that protects en’s access to no-cost birth control Senator SESSIONS’ job to implement women and their access to abortion. It that is now provided through the Af- and defend this ruling. I am extremely guarantees a fundamental right for fordable Care Act. SESSIONS even re- concerned that he would not follow women, and it affirms that a woman fused to condemn President Trump’s through with that responsibility. has the right to decide whether to con- remarks in the ‘‘Access Hollywood’’ Senator SESSIONS has also worked to tinue or terminate a pregnancy with- tapes released last year, saying that he undermine the Federal hate crimes law out government interference. did not characterize the behavior designed to protect LGBTQ Americans. SESSIONS’ record leaves questions on President Trump described as sexual In explaining his vote against the 2009 whether he will enforce the law in this assault. Matthew Shepard and James Byrd, Jr. area. During his time in the Senate, He voted against the 2014 reauthor- Hate Crimes Prevention Act, SESSIONS SESSIONS has been dedicated to oppos- ization of the Violence Against Women argued that Federal protections for ing a woman’s constitutional right to Act, which is critical for the investiga- LGBTQ Americans were not necessary. safe and legal abortion. He voted to tion and prosecution of violent crimes When debating the law, SESSIONS said: grant legal status to an embryo. He has against women. The Violence Against ‘‘I am not sure women or people with repeatedly voted to deny women in the Women Act was signed into law by different sexual orientations face that military the right to use their own pri- President Clinton in 1994 and has been kind of discrimination.’’ vate funds for abortion care at military reauthorized by bipartisan majorities Following Senator SESSIONS’ nomina- hospitals. He has said that he would in Congress in 2000 and 2005 and signed tion as Attorney General, Judy like to see a woman’s constitutional by President George W. Bush. Shepard, the mother of Matthew right to make her own health care de- The idea that the Attorney General Shepard, for whom that law was cisions overturned. of the United States would not support named, wrote a letter for the Human This is unacceptable for a nominee to his commonsense legislation to protect Rights Campaign opposing SESSIONS’ lead the Department of Justice whose women from violence is unacceptable. nomination. Shepard wrote: role would be to uphold the very law As Governor, I also fought to expand In 1998 my son, Matthew, was murdered be- that he seeks to overturn. We also cause he was gay, a brutal hate crime that economic opportunity for women and know that a woman’s right to make families. continues to resonate around the world even her own health decisions isn’t just a We passed the New Hampshire Pay- now. matter of freedom. It is a matter of Following Matt’s death, my husband, Den- check Fairness Act in New Hampshire, health. It is also a matter of economics nis, and I worked for the next 11 years to making sure that an equal day’s work and finances. garner support for the federal Hate Crimes gets an equal day’s pay. Prevention Act. We were fortunate to work When women have to pay more for alongside members of Congress, both Demo- their health care, and it puts them in I also strongly support efforts to ex- crats and Republicans, who championed the an economic disadvantage. As Gov- pand paid family leave to ensure that Matthew Shepard and James Byrd, Jr. Hate ernor, I restored family planning funds workers are able to support their fami- Crimes Prevention Act with the determina- and pushed to restore State funding to lies during times of need at home. tion, compassion, and vision to match ours Planned Parenthood because I know I am troubled that Senator SESSIONS as the parents of a child targeted for simply has worked to roll back the progress of wanting to be himself. Senator Jeff Sessions how critical access to these services are for the women and families of my equal pay. Senator SESSIONS voted was not one of these members. In fact, Sen- against the Lilly Ledbetter Fair Pay ator Sessions strongly opposed the hate State. crimes bill—characterizing hate crimes as Planned Parenthood provides critical Act and has consistently voted against mere ‘‘thought crimes.’’ primary and preventive health care the Paycheck Fairness Act. My son was not killed by ‘‘thoughts’’ or be- services to thousands of New Hamp- I am far from the only one in New cause his murderers said hateful things. My shire women, including preventive Hampshire who opposes the idea of son was brutally beaten with the butt of a care, birth control, and cancer Senator SESSIONS as our Nation’s top .357 magnum pistol. [They] tied him to a law enforcement officer. I have heard fence, and left him to die in freezing tem- screenings. There are countless stories peratures because he was gay. Senator Ses- of women whose lives have been from many of my constituents regard- sions’ repeated efforts to diminish the life- changed as a result of access to ing the impact of Senator SESSIONS’ changing acts of violence covered by the Planned Parenthood in my State. nomination on women’s right. Hate Crimes Prevention Act horrified me A young woman named Alyssa in my One constituent wrote: then, as a parent who knows the true cost of State lost her health insurance. She I truly fear for the future of women’s hate, and it terrifies me today to see that was on her father’s health insurance. rights and my daughter’s right to an autono- this same person is now being nominated as She was younger than age 26. Suddenly mous life if Jeff Sessions is confirmed. The the country’s highest authority to represent bottom line, Senator Sessions has a record of justice and equal protection under the law her father passed away, and then she had a medical emergency. She didn’t undermining the civil and constitutional for all Americans. rights of women in this country. As Attorney General, Senator Sessions know where to go. Grieving for her fa- would be responsible for not only enforcing ther, she was also without health in- On another topic, in recent weeks the Hate Crimes Prevention Act, but a myr- surance. She turned to Planned Parent- there has been much discussion about iad of other Civil Rights laws including the hood, and they were able to provide her the Individuals with Disabilities Edu- Violence Against Women Act, which includes the care that she needed. cation Act, otherwise known as IDEA, explicit protections for LGBTQ people. Sen- Alyssa’s story and the stories of and the fact that Education Secretary ator Sessions’ very public record of hostility Betsy DeVos seemed confused about towards the LGBTQ community and federal thousands of others across our State legislation designed to protect vulnerable make it clear why it is essential that the fact that IDEA is Federal law and Americans, including the Voting Rights Act, we have an Attorney General who will also declined to commit to enforcing makes it nearly impossible to believe that he protect a woman’s constitutionally it. This contributed to my vote against will vigorously enforce statutes and ideas protected right to make her own health Mrs. DeVos’s nomination yesterday. that he worked so hard to defeat. care decisions. What is also appalling is Senator I agree with Judy Shepherd, and it is Senator SESSIONS has voted six times SESSIONS’ previous comments on IDEA. clear that Senator SESSIONS’ record to block patients from accessing health In 2000, Senator SESSIONS gave a speech

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.287 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S903 on the Senate floor suggesting that dis- different learning styles, different It is clear that Senator SESSIONS is ciplinary problems in schools stemmed behaviors. But because of IDEA, we not committed to protecting voting from IDEA. SESSIONS said: have learned how to help those stu- rights. Many Granite Staters have Teachers I have been talking to have dents cope and learn and adjust their written to my office, highlighting Sen- shared stories with me. I have been in 15 behavior. And for anybody to suggest ator SESSIONS’ record on voting rights schools around Alabama this year. I have that it is the fault of people with dis- as a reason that the Senate should op- talked to them about a lot of subjects. I ask abilities, that it is their disability that pose his nomination. them about this subject in every school I go is undermining our education, is ap- A constituent from Tilton, NH, said: to, and I am told in every school that this is palling. Our country has battled long and hard to a major problem for them. In fact, it may be throw off the errors of our past, but voting the single most irritating problem for teach- Various groups who represent indi- viduals with disabilities have, there- rights are under assault. Jeff Sessions is not ers throughout America today. the right person to safeguard the integrity of fore, voiced their opposition to Senator He continued. our voting process, nor can he be trusted to SESSIONS’ nomination. The Council of work on behalf of all Americans in the cause There is no telling how many instructional Parent Attorneys and Advocates has hours are lost by teachers in dealing with be- of Justice. havior problems. In times of an increasingly written to the Judiciary Committee ar- At a time when we are discussing en- competitive global society, it is no wonder guing that: suring equality, justice, and inclusion American students fall short. Certain chil- [Sessions] has compiled a longstanding and for all of our citizens, I am reminded of dren are allowed to remain in the classroom consistent record, including public state- my father’s story. My father was born robbing the other children of hours that can ments, policy proposals, and other various and raised in the segregated South. His never be replaced. actions that serve to discriminate against father was a traveling shoe salesman, the rights and dignity of children and adults There is no need to extend the school day. and his mother was a school teacher There is no need to extend the school year. with disabilities. If politicians would just make it possible for Sessions’ disdain for special education and who, during the Depression, got paid in educators to take back the time that is lost opposition to community integration of indi- food stamps. That is what kept the on a daily basis to certain individuals, there viduals with disabilities is at odds with the family going. Through hard work, a is no doubt we would have better educated laws, inconsistent with our nation’s commit- scholarship, taking on jobs like wait- students. ment to supporting individuals with disabil- ing tables and moving furniture, and a He added: ities, and will lead to far higher societal bit of good luck, my dad was able to at- costs in the future. It is clear that IDEA ’97 not only under- tend Princeton University. It wasn’t mines the educational process, it also under- And a constituent with Etna, NH, long before his studies were inter- mines the authority of educators. In a time wrote to share her concerns on Senator rupted, however, when, following the when our profession is being called upon to SESSIONS’ record on individuals with bombing of Pearl Harbor, he left to vol- protect our children from increasingly dan- disabilities. She said: unteer to fight in World War II, eventu- gerous sources, our credibility is being Senator Sessions has a long, well-docu- ally being thrown into the Battle of stripped from us. mented history of active opposition to re- the Bulge. As I have discussed over the last cou- spect for the human rights of the American The Battle of the Bulge marked one ple of weeks, the passage of IDEA was citizenry, particularly those of us who expe- of the first times in World War II that a groundbreaking moment in American rience multiple marginalizations in our soci- White and Black American soldiers ety. And as such, he is unfit for the office of fought alongside each other. Thousands history for people who experience dis- Attorney General. It is abundantly clear to abilities in their families. After IDEA me, as a disabled woman, that his Justice of miles away from the school where he was passed, all schools—all public Department would not support my equal pro- had been studying, this young man schools in our country—were required tection under the law. from the Deep South found himself to provide a free and appropriate edu- Americans with disabilities and their learning more about the values of cation for children with disabilities. families deserve better than an Attor- equality and inclusion than he ever Children like my son, now 28 years ney General who has consistently spo- could have learned back at home. And old, and a graduate of Exeter High ken out against their rights. after my father’s experience in that School, who used to be relegated to in- I also have concerns about Senator battle, where African-American sol- stitutions, subjected to inhumane con- SESSIONS’ voting rights record. Voting diers fought and died alongside their ditions and maltreatment, treated as is our most fundamental right, and en- White counterparts, Dad returned truly less than human were included in suring that everyone can exercise that home to a life of working to make the our public schools. There is not a par- right is critical to making our democ- notion that every single one of us ent of a child like my son who does not racy successful. Everyone deserves rep- counts a reality. Our Founders believed in that principle, that when you count acknowledge that including new people resentation and the opportunity to everyone and bring more people in with different needs in any setting can vote on who represents them. be challenging, but we are Americans, Throughout his time in office, Sen- from the margins, we all grow strong- er. and we are supposed to do challenging ator SESSIONS has demonstrated an op- We know that our Founders didn’t things, and that is what IDEA chal- position to ensuring that all Americans count everyone at first, but they had lenged us to do. have the right to vote. In 1986, Senator faith that we would continue striving, I have seen the power of inclusion SESSIONS called the Voting Rights Act as our Constitution commands us to, to not only in my own home, but in my ‘‘an intrusive piece of legislation.’’ In build a more perfect union, that gen- community and in our schools. I have 2006, after the Senate passed the Vot- eration after generation, we would con- seen it strengthen other students. Just ing Rights Act reauthorization, Sen- tinue to deliver on our Nation’s prom- last week, one of my son’s classmates ator SESSIONS joined other Republicans ise of equality. And while the road to from fifth grade reached out because he in issuing a highly unusual committee greater inclusion is not without signifi- had seen the coverage of the hearing report that sought to undermine the cant challenges, time and again, we concerning Mrs. DeVos’s nomination. same legislation that they had all just have persevered to build a better fu- He said in an email to me: You know, voted to support. Chief Justice Roberts ture. I don’t remember much about fifth cited the report in his Shelby County We need leaders who are committed grade, but I do remember having lunch v. Holder opinion, which gutted a key to those values and who are committed with Ben. And I remember even now provision of the Voting Rights Act. to enforcing the laws that have in- Ben’s lighthearted disposition. Senator SESSIONS celebrated the cluded more and more Americans. Sen- What a lesson for our children to Shelby County decision and stated it ator JEFF SESSIONS’ record shows that learn that even if you have severe and was, ‘‘good news for the South.’’ he is not committed to those values, debilitating physical disabilities that Since that decision, and despite the and he has demonstrated that he lacks prevent you from speaking or typing or passage of voting restrictions in sev- the independence needed to stand up to walking or eating in a typical way, you eral States by Republican legislatures, President Trump. could be lighthearted and love your SESSIONS has said, ‘‘I don’t think the For these reasons, I cannot support life. There are always challenges con- Supreme Court ruling has damaged Senator SESSIONS to be the next Attor- nected to including new students with voting rights in any real way.’’ ney General of the United States. I

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.289 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S904 CONGRESSIONAL RECORD — SENATE February 8, 2017 urge my colleagues to vote no on this Attorney General to stand up for the tial power over the administration of key nomination. voiceless and the oppressed or to stand legislation that advances the fundamental Mr. President, I yield the floor. up to the President when he is wrong. rights of all people, regardless of race, class, I suggest the absence of a quorum. Already, in just the first weeks of sex, sexual orientation, gender identity or national origin. Senator Sessions’ firmly-es- The PRESIDING OFFICER. The this new administration, President tablished record of opposition to protection clerk will call the roll. Trump has begun to test the strength of and advancements in voting rights, The legislative clerk proceeded to and limits of our Constitution. He has LGBTQ equality, women’s rights, immigra- call the roll. challenged the separation of powers. He tion reform and religious freedom suggests Mrs. GILLIBRAND. Mr. President, I has lashed out against the free press. that he would not fulfill the Department of ask unanimous consent that the order He has singled out individual reli- Justice’s mandate to provide equal protec- for the quorum call be rescinded gions—and even individual judges. tion under the law for all people. The PRESIDING OFFICER (Mr. BAR- Now, more than ever, we need an At- Senator Sessions has called the Voting RASSO). Without objection, it is so or- torney General whose commitment to Rights Act of 1965 ‘intrusive.’ He vocally op- dered. defending our Constitution goes far be- posed the Matthew Shepard and James Byrd, Mrs. GILLIBRAND. Mr. President, I yond the commitment to any one par- Jr. Hate Crimes Prevention Act when it was rise today to oppose the nomination of added as an amendment to the 2008 Defense ticular President or political party. Authorization Act because it added sexual Senator SESSIONS for Attorney Gen- Would Senator SESSIONS challenge the orientation and gender identity to the list of eral. President when he needs to be chal- classes protected under federal hate crimes I would like to preface my remarks lenged? law. In addition, Senator Sessions joined 21 with just a statement and recognition During the Presidential campaign, other senators to vote against the 2012 reau- of the outpouring I have received from when the tape was revealed of then- thorization of the Violence Against Women my State, from constituents. I have Candidate Trump bragging about grop- Act, which included new protections for im- letters. I have postcards sent, some ing a woman against her will, Senator migrants and LGBTQ people. Finally, he with the Statue of Liberty. I have let- staked out positions that put him far outside SESSIONS said he thought it was a the mainstream as the Senate considered ters from constituents from every cor- ‘‘stretch’’ to call it sexual assault. He and passed comprehensive immigration re- ner of my State, passionately writing said: ‘‘I don’t characterize that as sex- form legislation in 2013 and has expressed about their views on President Trump’s ual assault.’’ support for a religious test for entry into the nominations, particularly Senator SES- We need an Attorney General who country. SIONS. knows very clearly what sexual assault The words of Leviticus 19:18, ‘love your I would like to read one letter be- is, and who cares enough to prosecute neighbor as yourself,’ guide us to stand up cause I think it really summarizes the it. against bias, prejudice and discrimination. views of so many New Yorkers. This Senator SESSIONS has voted to make We cannot place the responsibility of leading constituent writes: our gun background check system even the Department of Justice, the federal agen- As your constituent and as a Reform Jew, weaker. He voted against limits on cy directly responsible for ensuring equal protection, in the hands of someone whose I strongly urge you to oppose the nomina- high-capacity magazines, and he op- tion of Jeff Sessions as Attorney General. record demonstrates insufficient commit- posed legislation to make interstate ment to key civil rights protections. As the top law enforcement official in the gun trafficking a Federal crime. country, the Attorney General has substan- I urge you to oppose Senator Sessions’ tial power over the administration of key We need an Attorney General who nomination and to vote against his con- legislation that advances the fundamental will stand up for victims of gun vio- firmation on the Senate floor. lence and their families. rights of all people, regardless of race, class, Mrs. GILLIBRAND. Mr. President, I sex, sexual orientation, gender identity or Throughout his career in the Senate, suggest the absence of a quorum. national origin. Senator Sessions’ firmly es- Senator SESSIONS has voted against or tablished record of opposition to protection spoken out against important legisla- The PRESIDING OFFICER. The of and advancements in voting rights, tion so important to my constituents, clerk will call the roll. LGBTQ equality, women’s rights, immigra- including the Violence Against Wom- tion reform and religious freedom suggests The senior assistant legislative clerk that he would not fulfill the Department of en’s Act, the Lilly Ledbetter Fair Pay proceeded to call the roll. Act, and the Voting Rights Act. These Justice’s mandate to provide equal protec- Mr. BROWN. Mr. President, I ask are important pieces of legislation that tion under the law for all people. unanimous consent that the order for protect individuals from discrimina- The letter goes on to talk about his the quorum call be rescinded. votes particularly against the Matthew tion. Shepard and James Byrd, Jr. Hate We need an Attorney General who The PRESIDING OFFICER. Without Crimes Prevention Act when it was will defend the rights of women, who objection, it is so ordered. added as an amendment to the 2008 De- will defend the rights of our commu- Mr. BROWN. Mr. President, the job fense Authorization Act. He also talks nities of color, who will defend the of the Attorney General of the United about voting against the Violence rights of the LGBT community, and States is to enforce laws that protect Against Women’s Act. who will defend the rights of Muslim the rights of each and every American. He continues: Americans, and all minorities. More than ever—more than ever—we The words of Leviticus 19:18: ‘‘Love your We need an Attorney General who need leaders who can bring Americans neighbor as yourself, guide us to stand up will fight every day for equal justice together to improve police-community against bias, prejudice and discrimination.’’ and equal protection under the law. relations, to ensure that all Americans We cannot place the responsibility of lead- Senator SESSIONS has no record of have access to the ballot, and to reform ing the Department of Justice, the federal doing that, and I have no reason to be- our criminal justice system. agency directly responsible for ensuring lieve that he will do that as Attorney In the city in which I live, in Cleve- equal protection, in the hands of someone General. So I oppose Senator SESSIONS’ land, we are under a consent decree whose record demonstrates insufficient com- nomination as Attorney General, and I mitment to key civil rights protections. today which already is improving rela- urge my colleagues to do the same. I urge you to oppose Senator SESSIONS. tions between the police and the com- Mr. President, I ask unanimous con- munity. We saw it more than a decade Our country desperately needs an At- sent that the letter I referred to be torney General who will reject dis- ago in Cincinnati, where Mayor printed in the RECORD. Cranley—then a member of the council crimination in all forms. We need an There being no objection, the mate- and now the mayor—has worked with Attorney General who will defend our rial was ordered to be printed in the civil rights and human rights—with no the community, as have others. We see RECORD, as follows: exceptions. We need an Attorney Gen- more people of color in the police de- eral who will not be afraid to challenge As your constituent and as a Reform Jew, partment, and we see better training I strongly urge you to oppose the nomina- the President if an order is illegal or tion of Senator Jeff Sessions (R–AL) as U.S. for police. We see improved relations in unconstitutional. Attorney General. that community, in large part because Senator SESSIONS has not made it As the top law enforcement official in the the community came together—police, clear that he would use his power as country, the Attorney General has substan- community leaders, citizens—to make

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.297 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S905 for better relationships and better rela- istrations—some perhaps with ketchup it. We know who is hurt most—it is Af- tions inside the community. The con- stains or mustard stains on them, but rican Americans, Latinos, young peo- sent decree there made a huge dif- nonetheless voter registration forms ple, and seniors. It just happens to be ference in that city. The consent de- that were accepted by local boards of the voters who potentially might vote cree in Cleveland is making a dif- elections. against the far right, which has lobbied ference there. That is partly the job of Utility companies included voter reg- hard after the decision to scale back the Attorney General—to make sure istration forms in their bills. News- voting rights. the Department of Justice stays on papers printed them in their daily pa- Senator SESSIONS called the Voting course to do that. pers so people could tear them out, fill Rights Act intrusive. Tell that to Con- When we think of leaders whom we them out, and send them in. gressman LEWIS, who was beat up need to improve police-community re- That was what we did for aggressive walking across the Edmund Pettus lations, to ensure Americans have ac- voter outreach, supported by people Bridge in Selma, in Senator SESSIONS’ cess to the ballot, and to reform our across the political spectrum. State, who risked his life numbers of criminal justice system, Senator SES- But Senator SESSIONS doesn’t seem times, who was injured more, probably, SIONS is simply not that leader. It is to agree with that kind of voter out- than anybody in the civil rights move- not personal. I have worked with Sen- reach. He has a history of supporting ment, including in his home State of ator SESSIONS on issues like trade. I ac- voter ID laws that make it harder to Alabama—Congressman LEWIS’ and tually told him that, if he had been vote. He refused to disavow President Senator SESSIONS’ home State of Ala- nominated as the Trade Representa- Trump’s false statement—provably bama. tive, I would have happily voted for false. Lots of people may believe it be- Senator SESSIONS knows what hap- him. But we have strong policy dif- cause President Trump said it, but it is pened to secure those voting rights for ferences on the issues that directly fall a provably false statement that there African Americans in his State. He was under the role of the Attorney General. were 3 to 5 million illegal votes in this a young man at the time and saw what I examined his nearly 40-year record past election—no evidence, just dema- happened in the 1950s, and Rosa Parks as a U.S. attorney, the attorney gen- goguery, just lies. But Senator SES- and JOHN LEWIS in the 1950s and 1960s, eral of Alabama, and as U.S. Senator. SIONS was unwilling to disavow his per- and still he calls the Voting Rights Act Based on that record, I was the first in haps future boss’s comments. intrusive. I remember in my State, in 2004, peo- the Senate to say I cannot support his Do we want an Attorney General, ple had to wait 6 hours in Greene Coun- nomination. I told Senator SESSIONS on chief law enforcement official that is ty to vote, in Knox County people had the floor of the Senate after I made going to let the President go out and to wait 9 hours to vote. The people who that decision, before I announced it. make statements like that that are I have serious concerns that Senator provably false? Call them what they are penalized the most are not people of higher income, who tend to have a SESSIONS’ record on civil rights is at di- are—lies from the President of the little more flexibility in their schedule rect odds with the task of promoting United States. Do we want an Attorney and who can leave work during lunch, justice and equality for all. What is General who is simply going to brush go vote, and go back to work. If they more important in an Attorney Gen- those away and pay no attention? have to wait more than 30, 40, 50 min- eral than that? Senator SESSIONS called Shelby utes or an hour, they often can’t do it. Senator SESSIONS has a history of ra- County v. Holder, which gutted a key cial insensitivity, bias against immi- part of the Voting Rights Act of 1965, They have to pick up their kids where grants, disregard for the rule of law, good news for the South, even though, daycare is expensive, and we know that hostility to the protection of civil overwhelmingly, Senators in both par- many of them give up and don’t vote, rights—exactly what we don’t need in ties had voted to renew and reauthorize which might just be the purpose of peo- the Attorney General of the United the Voting Rights Act. He called it ple behind the Shelby County vs. Hold- States of America. good news for the South to weaken pro- er decision. In 1981, when signing an extension to He condemned the Department of tections for people of color and others the Voting Rights Act, President Justice’s investigation of law enforce- in voting rights. Reagan called the right to vote the ment agencies accused of violating Since that misguided decision, States crown jewel of American liberties. civil rights. He voted against the Vio- across the country have passed new President Reagan said it is the crown lence Against Women Act. One issue voting restrictions that would dis- jewel of American liberties. Senator after another after another disqualifies enfranchise hundreds of thousands of SESSIONS called the Voting Rights Act him from being the Attorney General Americans. As Senator SESSIONS appar- intrusive. of the United States. ently was celebrating by saying ‘‘good A couple of extensions later, the Senator SESSIONS is wrong on voting news for the South,’’ Texas moved Court pulled back with Shelby County rights. I served as Secretary of State of within 2 hours of the decision. Ala- vs. Holder. Keep this in mind. Some- Ohio in the 1980s. I take voting rights bama, taking their cue from people times these pass the Congress unani- very seriously. I believe we should be like Senator SESSIONS, acted the next mously. President Reagan said it was doing everything we can to make it day to restrict voting rights. As soon the crown jewel of American liberties. easier for Americans to vote. In those as the Court moved in a way the Court The Attorney General-designee calls days, in the 1980s, during the Reagan hadn’t moved in five decades, State the Voting Rights Act intrusive. years in Washington, in Ohio we had after State began to restrict voting We need an Attorney General who voter registration, voter outreach, ag- rights because they had license to, be- will use the full extent of his powers to gressive enrollment of new people to cause they had a green light, because protect the right to vote, not stand by vote, of young people, of people regard- they now had legal authority—some- as State after State attempts to sup- less of political affiliation, regardless thing they had not had in 50 years. press it. The Attorney General as a of ideology, regardless of age and race At least 17 States have passed new Senator has stood by while the Presi- and income. We encouraged people to voting restrictions since the Shelby dent of the United States has simply vote. We had good cooperation from County decision, although my State lied about 3 to 5 million illegal voters. Republicans and Democrats alike in wasn’t covered by it. My State, shame- The Attorney General-designee stood the legislature. fully, is one of those that has re- by and said nothing and was unwilling I even approached the McDonald’s stricted voting rights, even though to criticize the President of the United corporation and asked them to print from the 1980s into the 1990s, people of States. I am concerned that when tray liners. They put tray liners on both parties joined me in wanting to State after State attempts to suppress every tray. You go to McDonald’s and expand voting rights and make sure the vote and roll back voting rights, he order food. So I asked them to print that everybody—regardless of dis- will stand by and do nothing because the voter registration form on tray lin- ability, age, gender, race, nationality, he called the Voting Rights Act intru- ers. They printed a million registra- or income—was able to vote. sive. tion-form tray liners, resulting in We know who is hurt most by these As to criminal justice reform, we thousands and thousands of voter reg- laws, and there is political reason for need to reform our criminal justice

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.300 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S906 CONGRESSIONAL RECORD — SENATE February 8, 2017 system and stop ruining the lives of far when somebody is pushed around by a of Education was an unprecedented his- too many young Black men over non- system like that with an arrogant torical move. The Vice President came violent offenses. Senator SESSIONS has White House inflicting that kind of in and broke the tie, 51 to 50. Two Re- opposed bipartisan efforts, and there pain on her family. publicans stood up and voted against have been a number of them and a The Iraqis who risked their lives to the Secretary of Education-designee, number of courageous leaders in this help American troops have been told: showing great courage. body who have sometimes taken politi- There is no place for you here. What was so evident was the over- cally unpopular positions on criminal Think about that. The first night whelming opposition to her. Our mail, justice reform and done the right after the Executive order, a translator phone calls, and emails were 200 to 1 thing. Senator SESSIONS, however, has from Iraq, an Iraqi, who had helped against her confirmation. It was that opposed bipartisan efforts in the crimi- American troops and whose own life way everywhere in the country. In Sen- nal justice reform. At the outset of my was threatened, knew he had to leave ator’s office after Senator’s office, we speech, I mentioned Cleveland and Cin- his country because a number of people were all hearing much, much more op- cinnati, where it is a decade and a half targeted people who helped the Ameri- position to her than support. later, and it has proven to be a success. cans. He came here. He was handcuffed I sensed the fear among my Repub- In Cleveland, it is shaping up to be a for hour after hour in a New York air- lican colleagues that voting against a success. He has called consent decrees port. Trump nominee put their political that mandate reform of law enforce- What message does that send to peo- lives at risk; that they all knew that ment agencies ‘‘an end run around the ple who help Americans, who help the President Trump would tweet about democratic process.’’ American Armed Forces around the their vote, would call them names, Reform of law enforcement agencies world? would attack them, would sic his polit- in many ways means better police Students are prevented from coming ical allies on them. A number of my training, with real dollars and real ef- to our State to learn and contribute in colleagues were scared, and they knew fort put into that police training. our great Ohio universities. We saw that voting against her confirmation— Again, he calls all of this ‘‘an end run that in Ohio State. We are seeing that even though I know a number of col- around the democratic process.’’ Sen- in other places. Judges across the leagues wanted to vote no on Betsy ator SESSIONS blocked bipartisan ef- country, appointed by Republican and DeVos because she was singularly un- forts to reduce sentences for certain Democratic Presidents, are striking qualified, one of the worst perform- nonviolent drug offenses. down this order because it is not con- ances ever in a confirmation hearing. There is surely a need for an inde- stitutional. It does not represent She knew so little about the issue of pendent Attorney General, and that is American values. It makes us less, not education and so little about the De- my third macro concern about my col- more, safe. partment which she was charged to league Senator SESSIONS being elevated In 2015, Senator SESSIONS questioned run. Nonetheless, they voted for her. to be the Attorney General of the Sally Yates in her confirmation to be Some voted for her for legitimate rea- United States of America. In light of Deputy Attorney General, asking her sons in their mind: They like her ide- President Trump’s cruel and foolish this question: ‘‘Do you think the Attor- ology; they like her for-profit charter and badly executed Executive order on ney General has the responsibility to schools; they are anti-public edu- immigrants and refugees, we need an say no to the President if he asks for cation—all those things. Attorney General who will be an inde- something that is improper?’’ A number of colleagues, I am con- pendent voice beholden to the Con- Senator SESSIONS is asking an Obama vinced, voted for her because they were stitution and the American people, not nominee: ‘‘Do you think the Attorney afraid of what the President of the to the President. We have seen this General has the responsibility to say United States would do. You can’t run order wreak havoc on Ohio students no to the President if he asks for some- a country by being fearful of the Presi- and families. thing that is improper?’’ dent of the United States. I am afraid A Cleveland father who had waited 4 He went on to say: ‘‘If the views the that in this Attorney General vote we years to reunite with his 14-year-old President wants to execute are unlaw- are seeing some of the same fear from son was forced to wait even longer ful, should the Attorney General or the some of my Republican colleagues— when his refugee son was banned. Deputy Attorney General say no?’’ about standing up to this President, We are a nation that embraces refu- That was a Judiciary Committee con- which they will eventually do but they gees. My son-in-law, at the age of 10, firmation hearing for Deputy Attorney are unwilling to do it now. That is why was living in El Salvador with his fam- Sally Yates in 2015. we only have seen two Republican Sen- ily. His mother was a journalist. His Ms. Yates responded: ‘‘Senator, I be- ators—Senator MURKOWSKI and Sen- mother was the target of threats to her lieve the Attorney General or the Dep- ator COLLINS—vote no on any of these life because of political violence in El uty Attorney General has an obligation nominations. Salvador. My son-in-law’s family came to follow the law and the Constitution I voted for about half of them. I to the United States and was welcomed and to give their independent legal ad- voted against about half of them. I in this country. We welcome refugees vice to the President.’’ plan to vote against Congressman who were victims, potential victims, or Senator SESSIONS, to his credit, was PRICE because he wants to raise the eli- about to be victims of political vio- right to ask that question. Sally Yates, gibility age of Medicare. lence or violence of any kind. That is to her credit, gave the right answer, I think about the barber in Warren, what we are as a nation. and when she was tested just last week, the factory worker in Mansfield, the My son-in-law is married to our she stood by her word. waitress in a diner in Findlay, and the daughter. They now have a son who is Senator SESSIONS has failed to assure manufacturing worker in Huber not much more than 1 year old. He has the American people he will follow the Heights. I know they shouldn’t be ex- been a terrific citizen of this country. law and uphold the Constitution—not pected to work until they are 67 or He has contributed a lot. We know that simply follow the President of the even 70 to be eligible for Medicare. I when a great majority of refugees come United States, not blindly follow the will vote against him. here they build lives, they make a dif- President of the United States just be- I will vote against Mr. Mnuchin, who ference in the world, and they can live cause he is his boss. That is not the lied to the committee, first about a in a free, prosperous nation with oppor- kind of Attorney General we want. $100 million investment he had, which tunity. That is not the kind of Attorney Gen- he forgot about. It is an understand- I mentioned the Cleveland father. I eral we should vote to confirm today. able problem. Of course, people forget mentioned my son-in-law. A doctor on There is one last point. I watched the about $100 million investments they her way to the Cleveland Clinic to help confirmation yesterday of the Sec- have. And he lied to the committee treat Ohioans was sent back. She now retary of Education. It was so clear to about some of the things he did at has returned to the United States, fi- me, so clear to so many of my col- OneWest. nally, after expensive legal issues, leagues, and so clear to the American A whole host of these nominees sim- trauma, and all the things that happen public that confirming this Secretary ply aren’t qualified, and their ethics

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.301 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S907 are questionable. Other than Senator point of view on that case. I don’t know ernment. I was elected as a State audi- MURKOWSKI and Senator COLLINS, I for sure what he would do as Attorney tor general in Pennsylvania. I served have not seen any of my Republican General. I can’t predict that, but I can two terms. In that job, for example, at colleagues—out of fear of this Presi- certainly raise concerns about that de- the State level, the most important dent, fear of this President personally cision. quality or metric by which you are attacking them, publicly and person- When you think about what led to judged is your independence. You are ally—I have seen them shrink back decisions like that over time, it is hard either independent or not. And if you from doing their constitutional duty to encapsulate when you are speaking are independent, you can do auditing and voting their conscience. on the Senate floor all of the misery, investigations that demonstrate that I hope maybe today, maybe in Sen- all of the suffering, all of the trauma to independence. Then you are doing what ator SESSIONS’ vote, which I believe individuals, all of the trauma that our the people expect. will be tonight, some of my Republican country endured first to get the right At the Federal level, even though the colleagues will realize they need to do to vote for every American and then to Attorney General is appointed by a their jobs. They need to stand up for enforce the law and to make it real. President, I also believe the Attorney what they believe when they realize There is no way—if I had 9 hours on the General has to demonstrate independ- this Attorney General-designee, Sen- floor, I probably couldn’t encapsulate ence every day, in every decision, in ator SESSIONS—a colleague I like per- or do justice to all of that work. So it every interaction with our government sonally, but a colleague that simply is is a fundamental divide, a fundamental or with citizens across the country. I not prepared—is not independent. He debate about voting rights. hope that JEFF SESSIONS can do that, has not had a record of support for vot- As someone who represents Pennsyl- were he to be confirmed. I have some ing rights, for criminal justice re- vania, we have a particular interest in doubts, not only based upon the recent form—all the things that we want in the issue of voter ID laws. They are the campaign statements made, but I also the Attorney General of the United kinds of laws that follow the Shelby have some significant concerns in light States of America. I plan to vote no decision. Some of them predated of what has happened recently. I would hope, and I think every today. I ask my colleagues to join me. Shelby. But we had a major debate in American has a reasonable expecta- I suggest the absence of a quorum. Pennsylvania back in 2012, where the The PRESIDING OFFICER. The Pennsylvania General Assembly tion, that any Attorney General will be clerk will call the roll. passed—meaning the House and Senate totally independent when it comes to The senior assistant legislative clerk passed—and the Governor signed into basic questions of law and justice, even proceeded to call the roll. law a voter ID law. Then litigation if they agree with the President on a Mr. CASEY. Mr. President, I ask commenced and went all the way number of issues. I have some doubts in unanimous consent that the order for through the court system in Pennsyl- the case of this nominee. So independence is a significant con- the quorum call be rescinded. vania. The final decision was that the cern across the country. We have had a The PRESIDING OFFICER (Mr. law was struck down. The voter ID law long debate in this country. Part of it, PAUL). Without objection, it is so or- was struck down, so it is a major point I think, came to closure a couple of dered. of contention in Pennsylvania. Mr. CASEY. Mr. President, I want to Over time, some have asserted that years ago in the Supreme Court with regard to marriage equality. That outline a number of concerns that I there is widespread voter fraud. We have heard that even more recently. I worked its way through the courts, as have this morning about Senator SES- am still waiting for the evidence of well. I was in support of, and happy SIONS’ nomination to be the next Attor- about, the decision the Supreme Court ney General. I will try to keep it to a that, but that is certainly an issue that we will continue to debate here in made on marriage equality. short list. I have limited time this It is another basic difference that I morning. But I wanted to start with Washington. I think the last thing we need in the have with the nominee for Attorney the voting rights issue. United States of America is more re- General. Once again, I think that is In our State of Pennsylvania, we strictive voter ID laws. We should be one of those basic issues that divides have a long history of litigation and hoping we can expand the opportunity the parties. It doesn’t mean you can’t battles about the right to vote. And for people to vote. Where there are bar- work together. It doesn’t mean you when the Supreme Court decision in riers erected, knock them down. Where can’t have a good relationship. But I Shelby v. Holder was issued a couple of there are impediments to the right to would hope that the Attorney General years ago, folks in the Senate took vote, push through them or put in of the United States, of either party, one, two, or three different positions. place strategies to overcome them. would make sure that decision as it re- The position that I took was one of dis- Again, I think that is just the basic lates to marriage equality would be en- agreement with the basic holding of difference between Senator SESSIONS forced and that it would be the subject Shelby v. Holder, which in my judg- and me, in terms of our approach to of some praise or at least some rhetor- ment gutted the Voting Rights Act’s voter ID laws. We had a searing experi- ical support for the outcome in that requirements that certain States and ence in Pennsylvania, which left a last- case. certain jurisdictions with histories of ing impression on the people of our I think the country took a step in the discrimination seek what is called State. right direction, where every American, preclearance from the Federal govern- Another issue, which I think is of whether they are gay or lesbian or bi- ment before changing voting rules. critical importance in every adminis- sexual or transgender, was finally ac- That was a substantial change from tration at every time, but maybe ever corded the full measure of respect, the the policies that had been in place for more so today with regard to this new full measure of inclusion, when it came years. administration: The administration to the issue of marriage. That is an- Since the Shelby decision, more than now is in a major litigation battle re- other basic disagreement that we have. half of the so-called preclearance garding what has been described as a We don’t know what the outcome of States have implemented restrictive travel ban. It is probably shorthand, this confirmation vote will be. I think voting laws—some as soon as the very but that is my best description of it. It we have some sense of it, but regard- next day after the decision was handed has been a matter that has been liti- less of the final outcome, these dif- down. And over 800 polling places in gated in several U.S. Federal district ferences will remain. We have to be preclearance States alone have been courts, and now it is in front of an ap- honest about basic, fundamental dif- closed since the decision. So on this pellate court. Who knows, the next ferences, and that is one of the reasons issue, it is a basic difference of opinion. step after this may be the U.S. Su- we have a confirmation process. That I think Shelby was decided the wrong preme Court. I raise that not to debate is why we have advice and consent. way, and Senator SESSIONS believes it the substance of it; we can do that for That is why we have hearings and hun- was decided the right way. That is a a long while, I guess, but I raise it on dreds, if not thousands, of questions be- fundamental disagreement. I have real the question of independence. cause each of these nominees is grant- concerns about an Attorney General There are certain jobs in govern- ed enormous power. In some in- who would have that position or that ment—I had one of them in State gov- stances—unlike Senator SESSIONS—but

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.302 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S908 CONGRESSIONAL RECORD — SENATE February 8, 2017 in some instances, they are appointed In that hearing, Senator SESSIONS voice within the Department of Justice to positions where they will have sub- said, ‘‘You have to watch out because the American public needs. stantial impact on people’s lives for people will be asking you to do things The Washington Post reports—that years. Tens of millions of Americans’ you just need to say ‘no’ about.’’ Senator SESSIONS not only agreed with lives will be impacted by their deci- He then asked Ms. Yates, ‘‘Do you the President’s flurry of extreme exec- sions, so they should have to go think the Attorney General has the re- utive orders, but that he wanted the through a thorough vetting process and sponsibility to say no to the President president to go further and faster. a very rigorous ultimate confirmation if he asks for something that is im- In an email to the Post Senior Strat- process because they are being ac- proper?’’ egist Stephen Bannon said that corded great power, and they are serv- I completely agree with Senator SES- throughout the campaign, Senator ants of the people. They have to re- SIONS. The Attorney General has the SESSIONS ‘‘has been the fiercest, most member that is what their job is: to be responsibility—the duty—to tell the dedicated, and most loyal promoter in servants. President no when he is wrong. Congress of Trump’s agenda, and has I know some want to shorten or trun- And that is why I cannot vote to con- played a critical role as the clearing- cate or make easier this path to con- firm Senator SESSIONS. I don’t have the house for policy and philosophy to un- firmation for all of these Cabinet nomi- faith that he will tell President Trump dergird the implementation of that nation positions. I think the people ex- no when the situation requires it. agenda. What we are witnessing now is pect a thorough vetting, and we are But I have even less faith that the the birth of a new political order. . . .’’ still in the midst of that with regard to President will listen. Sally Yates told Loyalty is a valued characteristic in several of these positions. him no—she refused to let the Justice politics. But the Nation’s chief law en- So I just wanted to outline my objec- Department defend the President’s forcement officer must be independent, tions—or I should say disagreements misguided travel ban. She was fired for first and foremost. He or she must de- doing exactly what the position of At- with—Senator SESSIONS. I will be vot- fend the Constitution and all Ameri- ing no on his nomination. torney General requires. cans, not be the President’s personal And when Acting AG Yates said his Mr. President, I yield the floor. architect of ‘‘a new political order’’ travel ban was wrong, the President I suggest the absence of a quorum. that excludes many people. didn’t simply relieve her of her posi- The PRESIDING OFFICER. The Mr. President, for these reasons I tion. Instead, he put out a press release clerk will call the roll. must vote no on this nomination. attacking her personally. Sally Yates The senior assistant legislative clerk We have had a very, very long night, had served the country for almost proceeded to call the roll. and I want to say that I saw my good Mr. UDALL. Mr. President, I ask three decades as a career prosecutor friend Senator CASEY here. I want to and Justice Department attorney. She unanimous consent that the order for thank all the Senators on the Demo- deserved the president’s respect, re- the quorum call be rescinded. cratic side who have spoken up over The PRESIDING OFFICER. Without gardless whether he agreed with her. the course of these 30 hours. We are objection, it is so ordered. Time and time again, President Mr. UDALL. Mr. President, I rise Trump has shown that he will not tol- trying to address this issue—a very, today in opposition to the confirma- erate dissent. You are either with him very important issue—of whether Sen- ator JEFF SESSIONS should be Attorney tion of Senator JEFF SESSIONS to be the or—in his mind—you are wrong. And Attorney General. you become the enemy. President General of the United States. It is never easy to oppose a Presi- Trump has put the ‘‘bully’’ back into In the remarks I am going to give dent’s cabinet nominees, especially the bully pulpit. now, I may draw some of them from when one is your Senate colleague. I He frequently—and publicly—lashes the formal remarks I have. generally think the President should out against those who express different I just want to say that my home be able to assemble his team. views. And more dangerously, he lashes State of New Mexico is a majority mi- But with this President, we are in un- out at the institutions that are the fab- nority State. We have—and these are charted territory. President Trump ric of our democracy. the rough numbers—about 46, 47 per- doesn’t want to hire a team that will This weekend he attacked a Federal cent Hispanic, 10 percent Native Amer- represent the American people. judge who ruled against his travel ban. ican. Those are our large minority pop- Many of the nominees are billion- Rather than respecting the rule of law, ulations. It is a majority minority aires who are out of touch with the and the coequal judicial branch, he State. struggles of average Americans, and once again took to Twitter personally I can tell you, since this administra- many of them have shown great dis- denigrate the federal judge who dared tion has come in, people are very wor- dain for the very agencies they will rule against his policy—Federal judge ried about their voting rights, and they lead. who was appointed by George W. Bush. are worried about their democracy. I People like Betsy DeVos, who is a President Trump disparages the free have been home in New Mexico and billionaire with zero experience in pub- press at every opportunity. Any article heard the exchanges. I have read the lic schools, has been selected to run the or story that is critical of his policies various emails. People are concerned Education Department. is now dubbed ‘‘fake news.’’ Members of about the issue that goes to the heart People like Scott Pruitt, who has the press are punished for coverage of of this nomination, which is how Sen- been nominated to be head of the Envi- the administration that he deems nega- ator SESSIONS would behave as Attor- ronmental Protection Agency, which tive. He said he wants to weaken libel ney General on the issue of voting he is sued many times. laws so it is easier for him to sue the rights. When the people nominated to the press. I fully understand the importance of President’s cabinet are intent on dis- President Trump will continue his rule XIX and civility. In my activity mantling the very agency they are assault on the first amendment, defin- here on the Senate floor, I try to be as nominated to run, our Constitutional ing the press that holds him account- civil as possible, but I think there is a role of advise and consent takes on new able as the enemy, deriding and belit- bigger issue here. So I fully understand importance. tling those who speak out against him the importance of rule XIX. God knows But the position of Attorney General and attacking the free expression of re- we need to maintain civility in this es- is unique. The nominee requires even ligion and targeting those who practice teemed body. But when a Member of more scrutiny. The Attorney General Islam. this body has chosen to be considered is our Nation’s chief law enforcement And when he takes these actions, it for an office outside this body—and in officer with enormous power to either is up to the Attorney General to tell the case of Senator SESSIONS, for an of- advance—or roll back—our constitu- him that he is wrong. It is up to the fice in a department in which he has tional protections. Attorney General to speak truth to previously served—then his record in Perhaps Senator SESSIONS said it power, and to be ready to be fired for that office, better or worse, is critical best during the confirmation hearing doing so. to our consideration. for Sally Yates to be Deputy Attorney But it is far from clear that Senator When Mr. SESSIONS exercised his du- General. SESSIONS will be that independent ties as U.S. attorney in Alabama under

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.304 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S909 the supervision of the U.S. Attorney Mr. UDALL. This letter is dated on has involved fully 10 percent of the Negro General—the office he now seeks—his March 19, 1986. It is a letter from population in active demonstrations, and at record on voting rights, the backbone Coretta Scott King, The Martin Luther least half the Negro population of Marion of our democracy, was subject to seri- King, Jr. Center for Nonviolent Social was arrested on one day.’’ Martin was refer- ring, of course, to a group that included the ous question. In the context of this Change. This is at the top of the letter- defendants recently prosecuted for assisting confirmation, that record must be in- head. She is writing a letter to Strom elderly and illiterate blacks to exercise that cluded in the context of this confirma- Thurmond, and she says: franchise. In fact, Martin anticipated from tion hearing. So here we are on the I write to express my sincere opposition to the depth of their commitment 20 years ago, floor. We have debated. The record the confirmation of Jefferson B. Sessions as that a united political organization would must be included in the debate on the a Federal district court judge for the South- remain in Perry County long after other floor. ern District of Alabama. My professional and marchers had left. This organization, the As Senator WARREN has brought to personal roots in Alabama are deep and last- Perry County Civil League, started by Mr. our attention, it was the judgment of ing. Anyone who has used the power of his Turner, Mr. Hogue, and others, as Martin predicted, continued ‘‘to direct the drive for Coretta Scott King, widow of slain civil office as United States Attorney to intimi- date and chill the free exercise of the ballot votes and other rights.’’ In the years since rights leader Martin Luther King, that by citizens should not be elevated to our the Voting Rights Act was passed, Black he used the Office of the U.S. Attorney courts. Mr. Sessions has used the awesome Americans in Marion, Selma, and elsewhere for Alabama to—these are Coretta powers of his office in a shabby attempt to have made important strides in their strug- Scott King’s words—‘‘chill the free ex- intimidate and frighten elderly black voters. gle to participate actively in the electoral ercise of the vote by black citizens.’’ For this reprehensible conduct, he should process. The number of Blacks registered to That was her opinion at the time. not be rewarded with a federal judgeship. vote in key Southern States has doubled Similarly, in the words of our former I regret that a longstanding commitment since 1965. This would not have been possible colleague Senator Ted Kennedy, he was prevents me from appearing in person to tes- without the Voting Rights Act. However, Blacks still fall far short of hav- ‘‘a disgrace to the Justice Depart- tify against this nominee. However, I have attached a copy of my statement opposing ing equal participation in the electoral proc- ment,’’ the Department which Mr. SES- Mr. Sessions’ confirmation, and I request ess. Particularly in the South, efforts con- SIONS will lead if he is confirmed. that my statement as well as this letter be tinue to be made to deny Blacks access to I would like to read into the RECORD made a part of the hearing record. the polls, even where Blacks constitute the today the letter from Mrs. King, which I do sincerely urge you to oppose the con- majority of the voters. It has been a long up- supports her opinion of Mr. SESSIONS’ firmation of Mr. Sessions. hill struggle to keep alive the vital legisla- tion that protects the most fundamental lack of commitment to justice for all There is a carbon copy of this to Sen- and leave this for my colleagues here right to vote. A person who has exhibited so ator Joe Biden. This happened in much hostility— today to assess in considering his nom- March of 1986. Here she is talking about JEFF SES- ination. Coretta Scott King is speaking out SIONS— To me, the letter she wrote back on against JEFF SESSIONS, who was at the March 19, 1986, goes right to the heart to the enforcement of those laws, and thus, time a U.S. attorney, and he was going to the exercise of those rights by Black peo- of what we are debating here on the to be promoted as a Federal judge. We Senate floor. What we are debating is ple, should not be elevated to the Federal all know the history—he was not pro- bench. our voting rights and whether we will moted as a Federal judge. The irony of Mr. Sessions’ nomination is have, for the next 4 years or 8 years, an Here is her statement, which she that, if confirmed, he will be given life ten- Attorney General who is going to en- asked to have read at the Senate Judi- ure for doing with a federal prosecution what force the laws, particularly with regard ciary Committee on Thursday, March the local sheriffs accomplished 20 years ago with clubs and cattle prods. Twenty years to voting rights. 13, 1986. I first ask unanimous consent to ago, when we marched from Selma to Mont- Mr. Chairman and members of the Com- have the letter printed in the RECORD. gomery, the fear of voting was real, as the mittee: broken bones and bloody heads in Selma and There being no objection, the mate- Thank you for allowing me this oppor- rial was ordered to be printed in the Marion bore witness. As my husband wrote tunity to express my strong opposition to at the time, ‘‘it was not just a sick imagina- RECORD, as follows: the nomination of Jefferson Sessions for a tion that conjured up the vision of a public THE MARTIN LUTHER KING, JR. CEN- federal district judgeship for the Southern official, sworn to uphold the law, who forced TER FOR NONVIOLENT SOCIAL District of Alabama. My longstanding com- an inhuman march upon hundreds of Negro CHANGE, INC., mitment, which I shared with my husband, children; who ordered the Rev. James Bevel Altanta, GA, March 19, 1986. Martin, to protect and enhance the rights of to be chained to his sickbed; who clubbed a Re Nomination of Jefferson B. Sessions, U.S. Black Americans, rights which include equal Negro woman registrant, and who callously Judge, Southern District of Alabama access to the democratic process, compels inflicted repeated brutalities and indignities Hearing, March 13, 1986 me to testify today. upon nonviolent Negroes peacefully peti- Hon. STROM THURMOND, Civil rights leaders, including my husband tioning for their constitutional right to Chairman, Committee on the Judiciary, and Albert Turner, have fought long and vote.’’ U.S. Senate, Washington, DC. hard to achieve free and unfettered access to Free exercise of voting rights is so funda- DEAR SENATOR THURMOND: I write to ex- the ballot box. Mr. Sessions has used the mental to American democracy that we can- press my sincere opposition to the confirma- awesome power of his office to chill the free not tolerate any form of infringement of tion of Jefferson B. Sessions as a federal dis- exercise of the vote by black citizens in the those rights. Of all the groups who have been trict court judge for the Southern District of district he now seeks to serve as a federal disenfranchised in our Nation’s history, none Alabama. My professional and personal roots judge. This simply cannot be allowed to hap- has struggled longer or suffered more in the in Alabama are deep and lasting. Anyone pen. Mr. Sessions’ conduct as U.S. Attorney, attempt to win the vote than Black citizens. who has used the power of his office as from his politically motivated voting fraud No group has had access to the ballot box de- United States Attorney to intimidate and prosecutions to his indifference towards nied so persistently and intently. Over the chill the free exercise of the ballot by citi- criminal violations of civil rights laws, indi- past century, a broad array of schemes have zens should not be elevated to our courts. Mr. cates that he lacks the temperament, fair- been used in attempts to block the Black Sessions has used the awesome powers of his ness, and judgment to be a federal judge. vote. The range of techniques developed with office in a shabby attempt to intimidate and The Voting Rights Act was, and still is, vi- the purpose of repressing black voting rights frighten elderly black voters. For this rep- tally important to the future of democracy run the gamut from the straightforward ap- rehensible conduct, he should not be re- in the United States. I was privileged to join plication of brutality against black citizens warded with a federal judgeship. Martin and many others during the Selma to who tried to vote to such legalized frauds as I regret that a long-standing commitment Montgomery march for voting rights in 1965. ‘‘grandfather clause’’ exclusions and rigged prevents me from appearing in person to tes- Martin was particularly impressed by the de- literacy tests. tify against this nominee. However, I have termination to get the franchise of blacks in The actions taken by Mr. Sessions in re- attached a copy of my statement opposing Selma and neighboring Perry County. As he gard to the 1984 voting fraud prosecutions Mr. Sessions’ confirmation and I request wrote, ‘‘Certainly no community in the his- represent just one more technique used to in- that my statement as well as this letter be tory of the Negro struggle has responded timidate Black voters and thus deny them made a part of the hearing record. with the enthusiasm of Selma and her neigh- this most precious franchise. The investiga- I do sincerely urge you to oppose the con- boring town of Marion. Where Birmingham tions into the absentee voting process were firmation of Mr. Sessions. depended largely upon students and unem- conducted only in the Black Belt counties Sincerely, ployed adults to participate in nonviolent where blacks had finally achieved political CORETTA SCOTT KING. protest of the denial of the franchise, Selma power in the local government. Whites had

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.309 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S910 CONGRESSIONAL RECORD — SENATE February 8, 2017 been using the absentee process to their ad- minorities and other citizens without polit- ican people. Many of the nominees are vantage for years without incident. Then, ical power have a forum in which to vindi- billionaires who are out of touch with when Blacks, realizing its strength, began to cate their rights. Because of this unique role, the struggles of average Americans, use it with success, criminal investigations it is essential that the people selected to be and many of them have shown great were begun. federal judges respect the basic tenets of our In these investigations, Mr. Sessions, as legal system: respect for individual rights disdain for the very agencies they will U.S. Attorney, exhibited an eagerness to and a commitment to equal justice for all. lead. People such as Betsy DeVos, a bil- bring to trial and convict three leaders of The integrity of the Courts, and thus the lionaire with zero experience in public the Perry County Civil League, including Al- rights they protect, can only be maintained schools, selected to run the Education bert Turner, despite evidence clearly dem- if citizens feel competent that those selected Department. As we all know, yester- onstrating their innocence of any wrong- as federal judges will be able to judge with day, we saw what happened; two coura- doing. Furthermore, in initiating the case, fairness others holding differing views. geous Republicans—LISA MURKOWSKI Mr. Sessions ignored allegations of similar I do not believe Jefferson Sessions pos- and SUSAN COLLINS—voted against behavior by whites, choosing instead to chill sesses the requisite judgment, competence, the exercise of the franchise by blacks by his and sensitivity to the rights guaranteed by Betsy DeVos. In an unprecedented misguided investigation. In fact, Mr. SES- the federal civil rights laws to qualify for ap- move, the Vice President of the United SIONS sought to punish older black civil pointment to the federal district court. States had to come and sit where the rights activists, advisors, and colleagues of Based on his record, I believe his confirma- President of the Senate is and cast the my husband, who had been key figures in the tion would have a devastating effect on not tie-breaking vote in order to get her civil rights movement in the 1960s. These only the judicial system in Alabama, but through. I think we are going to look were persons who, realizing the potential of also on the progress we have made every- the absentee vote among Blacks, had learned back on that as a sad day for public where toward fulfilling my husband’s dream education because she sure doesn’t to use the process within the bounds of legal- that he envisioned over twenty years ago. I ity and had taught others to do the same. stand up for public education. therefore urge the Senate Judiciary Com- People such as Scott Pruitt to be The only sin they committed was being too mittee to deny his confirmation. successful in gaining votes. I thank you for allowing me to share my head of the Environmental Protection The scope and character of the investiga- views. Agency, which he sued many times. tions conducted by Mr. Sessions also warrant When the people nominated to the grave concern. Witnesses were selectively Now this was a letter that Coretta Scott King wrote—I just finished read- President’s Cabinet are intent on dis- chosen in accordance with the favorability of mantling the very Agency they are their testimony to the government’s case. ing it—in March 1986. We know the re- Also, the prosecution illegally withheld from sults of that. After the testimony was nominated to run, our constitutional role of advise and consent takes on a the defense critical statements made by wit- taken, JEFF SESSIONS, because of his nesses. Witnesses who did testify were pres- record at the time, was not allowed to new importance. The position of Attorney General is sured and intimidated into submitting the become a Federal judge. Today, the ‘‘correct’’ testimony. Many elderly blacks unique. The nominee requires even issue that we have before us, the issue were visited multiple times by the FBI who more scrutiny. The Attorney General, we have before us is, is he fit to be our then hauled them over 180 miles by bus to a as our nation’s chief law enforcement Attorney General of the United States, grand jury in Mobile when they could more officer, has enormous power to either easily have testified at a grand jury twenty based on his overall record, and this is miles away in Selma. These voters, and oth- advance or roll back our constitutional part of the record. protections, and that power resides in ers, have announced they are now never When the majority leader comes to that one person. going to vote again. the floor and strikes the words of ELIZ- I urge you to consider carefully Mr. Ses- The other important role of the At- sions’ conduct in these matters. Such a re- ABETH WARREN for just reading parts of torney General is to make sure the view, I believe, raises serious questions this letter, he is not allowing the full President is obeying the law. In this about his commitment to the protection of record to be before the American peo- case, we have a real problem here. the voting rights of all American citizens ple, and he is not allowing a full debate Within the first couple of weeks, the and consequently his fair and unbiased judg- to occur in this Chamber. That is real- ment regarding this fundamental right. courts are calling the President in and ly what this is about today. Are we telling him he is issuing Muslim bans When the circumstances and facts sur- going to, as a Senate, where we have rounding the indictments of Al Turner, his and other orders and that he is vio- wife, Evelyn, and Spencer Hogue are ana- debate, we have open debate, cut off lating the law. So we need an Attorney lyzed, it becomes clear that the motivation that debate? Are we able to say things General who is going to stand up for was political, and the result frightening—the about one another—and especially in what the law is, not be political and wide-scale chill of the exercise of the ballot this case. This just isn’t a debate from not be ideological. for blacks, who suffered so much to receive one Senator to another. Perhaps Senator SESSIONS said it that right in the first place. Therefore, it is As to Senator WARREN, in which it best during the confirmation hearings my strongly-held view that the appointment was said she impugned the integrity of of Jefferson Sessions to the federal bench for Sally Yates to be Deputy Attorney Senator SESSIONS. Senator SESSIONS is would irreparably damage the work of my General. In that hearing, Senator SES- husband, Al Turner, and countless others in a different category here today. Sen- SIONS said: ‘‘You have to watch out, be- who risked their lives and freedom over the ator SESSIONS is seeking the office of cause people will be asking you to do past twenty years to ensure equal participa- U.S. Attorney General. This is the things you just need to say ‘no’ about.’’ tion in our democratic system. most important law office in the land— That is his full quote there. The exercise of the franchise is an essen- the most important law enforcement When he asked Ms. Yates, ‘‘Do you tial means by which our citizens ensure that office. This is an office where you can think the Attorney General has the re- those who are governing will be responsible. be active and go out and file civil My husband called it the number one civil sponsibility to say no to the President right. The denial of access to the ballot box rights cases, you can protect voting if he asks for something that is im- ultimately results in the denial of other fun- rights, you can do numerous things. proper?’’ That is the standard we are damental rights. For, it is only when the This is an awesome responsibility. So looking at—pretty tough standard— poor and disadvantaged are in power that this should be part of the RECORD, and speaking truth to power, the Attorney they are able to participate actively in the I believe it is very important that we General to the President of the United solutions to their own problems. put it in the RECORD, that we talk We still have a long way to go before we States. can say that minorities no longer need to be about it, and then we look at the whole I completely agree with Senator SES- concerned about discrimination at the polls. picture. SIONS that the Attorney General has Blacks, Hispanics, Native Americans and As I said earlier, I rise in opposition the responsibility, the duty to tell the Asian Americans are grossly underrep- to the confirmation of Senator SES- President no when he is wrong. That is resented at every level of government in SIONS. It is not easy to oppose a nomi- why I cannot vote to confirm Senator America. If we are going to make our time- nee, especially when one is your Senate SESSIONS. I don’t have the faith that he less dream of justice through democracy a colleague. And I generally think the will tell President Trump no when the reality, we must take every possible step to President should be able to assemble situation requires it, but I have less ensure that the spirit and intent of the Vot- ing Rights Act of 1965, and the Fifteenth his team. But with this President we faith that the President will listen. Amendment of the Constitution is honored. are in uncharted territory. Sally Yates told the President no. The federal courts hold a unique position President Trump doesn’t want to hire She refused to let the Justice Depart- in our constitutional system, ensuring that a team who will represent the Amer- ment defend the President’s misguided

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.310 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S911 travel ban. She was fired for doing ex- President’s top strategist. Everybody [From the Washington Post, Jan. 30, 2017] actly what the position of Attorney who is now talking in the press—and TRUMP’S HARD-LINE ACTIONS HAVE AN General requires. there are a lot of leaks out of this INTELLECTUAL GODFATHER: JEFF SESSIONS When the Acting AG, Acting AG White House—say Steve Bannon is the (By Philip Rucker and Robert Costa) Yates, said his travel ban was wrong, puppeteer. He is the one telling Trump In jagged black strokes, President Trump’s the President didn’t simply relieve her what to do. It is absolutely clear, of all signature was scribbled onto a catalogue of of her position, instead he put out a the people in the White House, this is executive orders over the past 10 days that press release attacking her personally. the guy who has the most clout, and it translated the hard-line promises of his cam- Sally Yates, who served the govern- is a debate for all whether he is the paign into the policies of his government. ment for three decades as a career The directives bore Trump’s name, but an- puppeteer in telling the President what other man’s fingerprints were also on nearly prosecutor, Justice Department attor- to do. all of them: Jeff Sessions. ney, deserved the President’s respect But listen again to what he said The early days of the Trump presidency regardless of whether he agreed with about Senator SESSIONS, that he ‘‘has have rushed a nationalist agenda long on the her or not. been the fiercest, most dedicated, and fringes of American life into action—and Time and again, President Trump has most loyal promoter in Congress of Sessions, the quiet Alabamian who long cul- shown that he will not tolerate dissent. Trump’s agenda, and has played a crit- tivated those ideas as a Senate backbencher, You are either with him or in his mind has become a singular power in this new ical role as the clearinghouse for policy Washington. you are wrong, and you become the and philosophy to undergird the imple- enemy. President Trump has put the Sessions’s ideology is driven by a visceral mentation of that agenda. What we are aversion to what he calls ‘‘soulless glob- bully back into the bully pulpit. He fre- witnessing now is the birth of a new alism,’’ a term used on the extreme right to quently and publicly lashes out against political order.’’ convey a perceived threat to the United those who express different views, and I don’t know what this new political States from free trade, international alli- more dangerously, he lashes out at the order is, where you don’t respect the ances and the immigration of nonwhites. institutions that are the fabric of this And despite many reservations among Re- rule of law and don’t respect democ- democracy. This weekend he attacked publicans about that worldview, Sessions— racy—headed in the wrong direction, in a Federal judge who ruled against his whose 1986 nomination for a federal judge- travel ban, rather than respecting the my opinion. ship was doomed by accusations of racism rule of law and the coequal judicial Loyalty is a valued characteristic in that he denied—is finding little resistance in politics, but the Nation’s chief law en- Congress to his proposed role as Trump’s at- branch. He once again took to Twitter torney general. to personally denigrate the Federal forcement officer must be independent, first and foremost. Sessions’s nomination is scheduled to be judge who dared rule against this pol- voted on Tuesday by the Senate Judiciary icy—a Federal judge who was ap- I hearken back to when Senator SES- Committee, but his influence in the adminis- pointed by George W. Bush. SIONS and I were both attorneys gen- tration stretches far beyond the Justice De- President Trump disparages the free eral back many years ago, and I re- partment. From immigration and health press at every opportunity. Any article member assuming that role at the care to national security and trade, Sessions or story that is critical of his policies State level. It is an awesome role be- is the intellectual godfather of the presi- is now dubbed ‘‘fake’’ news. Members of cause early on in my administration dent’s policies. His reach extends throughout they brought me cases where Demo- the White House, with his aides and allies ac- the press are punished for coverage of celerating the president’s most dramatic the administration that he deems nega- crats who were in the State legislature moves, including the ban on refugees and tive. He says he wants to weaken libel were violating the law, and they said: citizens from seven mostly Muslim nations laws so it is easier for him to sue the They are violating the law. They said that has triggered fear around the globe. press. they are violating the law. We have to The author of many of Trump’s executive President Trump will continue his enforce the law, and I did, and we pros- orders is senior policy adviser Stephen Mil- assault on the First Amendment, defin- ecuted people in my own party. ler, a Sessions confidant who was mentored ing the press that holds him account- We had many rulings that came in as by him and who spent the weekend over- able as the enemy, deriding and belit- Attorney General where people would seeing the government’s implementation of the refugee ban. The tactician turning tling those who speak out against him, say: Interpret this law. And the law Trump’s agenda into law is deputy chief of attacking the free expression of reli- could be interpreted in a political way staff Rick Dearborn, Sessions’s longtime gion and those who practice Islam. where you moved it toward your party, chief of staff in the Senate. The mastermind When he takes these actions, it is up or the law could be interpreted the way behind Trump’s incendiary brand of popu- to the Attorney General of the United it was written, with fairness. It ended lism is chief strategist Stephen K. Bannon, States to tell him he is wrong. That is up that we did everything we could to who, as chairman of the Breitbart website, where that awesome responsibility re- try to be fair to the law and fair as it promoted Sessions for years. Then there is Jared Kushner, the presi- sides. was written. It is up to the Attorney General to dent’s son-in-law and senior adviser, who I don’t think Senator SESSIONS is considers Sessions a savant and forged a speak truth to power and to be ready to able to do that, not only based on his be fired for doing so, but it is far from bond with the senator while orchestrating history in Alabama as U.S. attorney, Trump’s trip last summer to Mexico City clear that Senator SESSIONS will be but his entire career up to this date. and during the darkest days of the campaign. that independent voice within the De- We talk about loyalty being a valued In an email in response to a request from partment of Justice that the American characteristic in politics. The Nation’s The Washington Post, Bannon described Ses- public needs. sions as ‘‘the clearinghouse for policy and The Washington Post reports that chief law enforcement officer must be philosophy’’ in Trump’s administration, say- independent, first and foremost. He or Senator SESSIONS not only agreed with ing he and the senator are at the center of the President’s flurry of extreme Exec- she must defend the Constitution and Trump’s ‘‘pro-America movement’’ and the utive orders but that he wanted the all Americans, not be the President’s global nationalist phenomenon. President to go further and faster. architect of a new political order that ‘‘In America and Europe, working people are reasserting their right to control their In an email to the Post, senior strat- excludes many people. For these reasons, I must vote no on own destinies,’’ Bannon wrote. ‘‘Jeff Sessions egist Stephen Bannon said that has been at the forefront of this movement throughout the campaign, Senator this nomination. for years, developing populist nation-state SESSIONS ‘‘has been the fiercest, most Mr. President, I ask unanimous con- policies that are supported by the vast and dedicated, most loyal promoter in Con- sent to have printed in the RECORD the overwhelming majority of Americans, but gress of Trump’s agenda and has played Washington Post article I referred to are poorly understood by cosmopolitan elites a critical role as the clearinghouse for so that people can see that full article in the media that live in a handful of our policy and philosophy to undergird the and be able to judge Steve Bannon’s larger cities.’’ quote, who is the President’s top strat- He continued: ‘‘Throughout the campaign, implementation of that agenda. What Sessions has been the fiercest, most dedi- we were witnessing now is the birth of egist. cated, and most loyal promoter in Congress a new political order.’’ There being no objection, the mate- of Trump’s agenda, and has played a critical Stephen Bannon. This is an amazing rial was ordered to be printed in the role as the clearinghouse for policy and phi- quote, a contemporary quote from the RECORD, as follows: losophy to undergird the implementation of

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.312 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S912 CONGRESSIONAL RECORD — SENATE February 8, 2017 that agenda. What we are witnessing now is the inner circle, including Kushner, although didate, writing speeches and crafting poli- the birth of a new political order, and the Sessions’s preference was to be attorney gen- cies. more frantic a handful of media elites be- eral, according to people familiar with the ‘‘Senator Sessions laid a bit of groundwork come, the more powerful that new political talks. . . . on matters like trade and illegal immi- order becomes itself.’’ Since his nomination, Sessions has been gration,’’ Conway said. ‘‘It was candidate Trump, who is never shy about showering careful to not be formally involved even as Trump then who was able to elevate those praise on his loyalists, speaks of Sessions his ideas animate the White House. In a twin pillars in a way that cast it through the with reverence. At a luncheon the day before statement Sunday, he denied that he has had lens of what’s good for the American work- his inauguration, Trump singled out some- ‘‘communications’’ with his former advisers er.’’ one in the audience: ‘‘the legendary Jeff Ses- or reviewed the executive orders. As Trump kept rising, so did Sessions. sions.’’ Sessions has installed close allies through- ‘‘It’s like being a guerrilla in the hinter- Trump said in an email to The Post that out the administration. He persuaded Cliff lands preparing for the next hopeless assault Sessions is ‘‘a truly fine person.’’ Sims, a friend and adviser, to sell his Ala- on the government,’’ said Mark Krikorian, ‘‘Jeff was one of my earliest supporters and bama media outlet and take a job directing executive director of the Center for Immi- the fact that he is so highly respected by ev- message strategy at the White House. Ses- gration Studies, a conservative research in- eryone in both Washington, D.C., and around sions also influenced the selection of Peter stitute. ‘‘Then you get a message that the the country was a tremendous asset to me Navarro, an economist and friend with whom capital has fallen.’’ throughout the campaign,’’ Trump wrote. he co-authored an op-ed last fall warning Mr. UDALL. Thank you. Sessions helped devise the president’s first- against the ‘‘rabbit hole of globalism,’’ as di- With that, I will yield the floor mo- week strategy, in which Trump signed a bliz- rector of the National Trade Council. mentarily, and I may be back in a zard of executive orders that begin to fulfill Sessions’s connections extend into the his signature campaign promises—although White House media briefing room, where minute or two. Sessions had advocated going even faster. press secretary Sean Spicer took the first I suggest the absence of a quorum. The senator lobbied for a ‘‘shock-and-awe’’ question at his Jan. 24 briefing from a jour- The PRESIDING OFFICER. The period of executive action that would rattle nalist at LifeZette, a conservative website clerk will call the roll. Congress, impress Trump’s base and catch run by Laura Ingraham, a Trump supporter The senior assistant legislative clerk his critics unaware, according to two offi- and populist in the Sessions mold. The proceeded to call the roll. cials involved in the transition planning. website’s senior editor is Garrett Murch, a Mr. UDALL. Mr. President, I ask Trump opted for a slightly slower pace, these former communications adviser to Sessions. unanimous consent that the order for officials said, because he wanted to maxi- Another link: Julia Hahn, a Breitbart writ- the quorum call be rescinded. mize news coverage by spreading out his di- er who favorably chronicled Sessions’s immi- The PRESIDING OFFICER. Without rectives over several weeks. gration crusades over the past two years, Trump makes his own decisions, but Ses- was hired by Bannon to be one of his White objection, it is so ordered. sions was one of the rare lawmakers who House aides. Mr. UDALL. Mr. President, as I re- shared his impulses. More mainstream Republicans have been flect on the nomination of JEFF SES- ‘‘Sessions brings heft to the president’s gut alarmed by Sessions’s ascent. John Weaver, SIONS to be Attorney General, one of instincts,’’ said Roger Stone, a longtime a veteran GOP strategist who was a consult- the things that hits me is, when we Trump adviser. He compared Sessions to ant on Sessions’s first Senate campaign and look at the broad scope of how America John Mitchell, who was attorney general is now a Trump critic, said Sessions is at the has been moving forward in the last 100 under Richard M. Nixon but served a more pinnacle of power because he shares Trump’s years, the three big movements that intimate role as a counselor to the president ‘‘1940s view of fortress America.’’ on just about everything. ‘‘Nixon is not a ‘‘That’s something you would find in an have changed America have been the guy given to taking advice, but Mitchell was Allen Drury novel,’’ Weaver said. ‘‘Unfortu- civil rights movement; the women’s probably Nixon’s closest adviser,’’ Stone nately, there are real consequences to this, rights movement—women’s suffrage, said. which are draconian views on immigration women’s rights, women wanting free- There are limits to Sessions’s influence, and a view of America that is insular and not dom over their choices on reproductive however. He has not persuaded Trump—so an active member of the global community.’’ rights; and then conservation and envi- far, at least—to eliminate the Deferred Ac- Inside the White House and within ronmental rights, which have kind of tion for Childhood Arrivals program, under Sessions’s alumni network, people have which children brought to the United States taken to calling the senator ‘‘Joseph,’’ refer- changed everything since Teddy Roo- illegally are allowed to stay in the country. ring to the Old Testament patriarch who was sevelt and Franklin Roosevelt and my Sessions has also been leading the internal shunned by his family and sold into slavery father and Uncle Mo Udall, who served push for Trump to nominate William H. as a boy, only to rise through unusual cir- in the Congress. Pryor Jr., his deputy when Sessions was Ala- cumstances to become right hand to the I grew up believing civil rights was bama’s attorney general and now a federal pharaoh and oversee the lands of Egypt. something that was moving us forward, appeals court judge, for the Supreme Court. In a 20-year Senate career, Sessions has was inclusive, and was something While Pryor is on Trump’s list of three final- been isolated in his own party, a dynamic where we really cared about every per- ists, it is unclear whether he will get the crystallized a decade ago when he split with nod. President George W. Bush and the business son. In his senior staff meetings, Trump talks community over comprehensive immigration The job of the United States Senator about Sessions as someone who ‘‘gets things changes. is to represent your State. My State of done,’’ calmly and without fanfare, said In lonely and somewhat conspiratorial New Mexico is majority-minority, very Kellyanne Conway, the White House coun- speeches on the Senate floor, Sessions would diverse, and I am very proud to speak selor. chastise the ‘‘masters of the universe.’’ He out for the people of New Mexico and ‘‘He does it in a very courtly, deliberative hung on his office wall a picture of He-Man their civil rights. I have told many of manner,’’ she said. ‘‘There’s never a cloud of from the popular 1980s comic book series. dust or dramatic flourish.’’ As he weighed a presidential run, Trump them back home the story I learned Newt Gingrich, a former speaker of the liked what he saw in Sessions, who was tight through my father and through his House and informal Trump adviser, said, with the constituencies Trump was eager to public service, when he was a college ‘‘Sessions is the person who is comfortable rouse on the right. So he cultivated a rela- student at the University of Arizona. being an outsider to the establishment but tionship, giving Sessions $2,000 for his 2014 Both he and my Uncle Morris Udall able to explain the establishment to Trump. reelection even though the senator had no were at the University of Arizona in There is this New York-Los Angeles bias Democratic opponent. the lunchroom. Way back in the 1940s, that if you sound like Alabama, you can’t be ‘‘Sessions was always somebody that we the lunchroom was segregated so the all that bright, but that’s totally wrong, and had targeted,’’ said Sam Nunberg, Trump’s Trump recognized how genuinely smart Ses- political adviser at the time. Black students had to eat outside sions is.’’ In May 2015, Nunberg said, he reached out under the trees. They couldn’t eat in- Sessions was especially instrumental in to Miller, then an adviser to Sessions, to ar- side. My father and Mo had a friend, a the early days of the transition, which was range a phone call between Trump and the young man by the name of Morgan taken over by Dearborn after a purge of New senator. The two hit it off, with Trump tell- Maxwell. Morgan still is a good friend Jersey Gov. Chris Christie’s associates. Ses- ing Nunberg, ‘‘That guy is tough.’’ of the family, and I am good friends sions became a daily presence at Trump The next month, Trump declared his can- with his son who lives in New Mexico. Tower in New York, mapping out the policy didacy. In August of that year, Sessions Morgan was sitting out under the agenda and making personnel decisions. joined Trump at a mega-rally in the sen- Once former New York mayor Rudolph W. ator’s home town of Mobile and donned a tree, and Mo and my father went over Giuliani was out of consideration for sec- ‘‘Make America Great Again’’ cap. By Janu- and said: We want you to have lunch retary of state, Trump considered nomi- ary 2016, Miller had formally joined the cam- with us. They took him through the nating Sessions because he was so trusted by paign and was traveling daily with the can- line at the University of Arizona. The

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.077 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S913 people serving looked at him like they The PRESIDING OFFICER. Without During his confirmation hearing, I were a little shocked and surprised. objection, it is so ordered. asked Senator SESSIONS if he would They said: He is our friend. He is going Mr. BROWN. Mr. President, it is a honor the historical role of the Attor- to have lunch with us. They served sad day for our democracy when the ney General and maintain strict inde- him, and they sat down at the lunch words of Coretta Scott King are not al- pendence from the White House. I did table in the lunchroom. It ended up lowed on the floor of the U.S. Senate. I not receive a satisfactory answer. This that they had a good lunch that day. wish to share those words with you is deeply troubling in light of the ongo- But that push to bring Morgan Max- today in their entirety. ing litigation in Federal court chal- well, a Black student, into a segregated Dear Senator Thurmond: lenging the President’s Muslim ban as lunchroom ended up with the president I write to express my sincere opposition to overreaching and unconstitutional. of the university facing a decision: Was the confirmation of Jefferson B. Sessions as Since the President announced the he going to discipline the Udall broth- a federal court judge for the Southern Dis- ban just over a week ago, hundreds of ers or was he going to change the rule trict of Alabama. My professional and per- thousands of protesters have taken to and integrate the lunchroom? Thank sonal roots in Alabama are deep and lasting. Anyone who has used the power of his office the streets to oppose it. Lawyers have God, he integrated the lunchroom, and been camping out in arrivals terminals the University of Arizona, at that as United States Attorney to intimidate and chill the free exercise of the ballot by citi- in airports across the country to help time, moved forward with integration. zens should not be elevated to our courts. those who are trying to come back or I had always heard that story, and it Mr. Sessions has used the awesome powers of come to our country with legal visas. resonated with me a lot. Then, later, as his office in a shabby attempt to intimidate State attorneys general have been I was growing up here in Washington and frighten elderly black voters. For this speaking out and filing lawsuits to when my father was Secretary of the reprehensible conduct, he should not be re- block this ban. Interior, there was a great commotion warded with the federal judgeship. Last week, Hawaii attorney general around the fact that the Washington I regret that a long-standing commitment Doug Chin filed a lawsuit to block the Redskins was the last team in the NFL prevents me from appearing in person to tes- Executive order. I wish to read a sec- to integrate their team. Here, we are tify against this nominee. However, I have talking in the 1960s. The owner of the attached a copy of my statement opposing tion from the State’s brief outlining Mr. Sessions’ confirmation and I request Washington Redskins was named the State’s case. that my statement as well as this be made a Hawaii joins the many voices that have George Preston Marshall. Everyone part of the hearing record. knew he was a bigot and racist. He condemned the Order. But this pleading is I do sincerely urge you to oppose the con- not about politics or rhetoric—it is about said: This is never going to happen. We firmation of Mr. Sessions. the law. The simple fact is that the Order is are not going to integrate the Red- Sincerely, Coretta Scott King. unlawful. By banning Muslims and creating skins. So there was a big movement in a preference for Christian refugees, the Order Washington to get my father to do I suggest the absence of a quorum. violates the Establishment Clause of the something about it. The PRESIDING OFFICER. The United States Constitution. By those same He took this in a serious way and clerk will call the roll. acts, it violates the equal protection guar- passed it on to the Solicitor. The Solic- The senior assistant legislative clerk antee of the fifth amendment. By failing ut- itor came back and said: Stewart, actu- proceeded to call the roll. terly to provide procedures or protections of ally, you can do something about it. Ms. HIRONO. Mr. President, I ask any kind for people detained or turned away The stadium resides on Park Service unanimous consent that the order for at our airports, it violates the Due Process property and you are the landlord. Tell the quorum call be rescinded. Clause. And by enshrining rank discrimina- The PRESIDING OFFICER. Without tion on the basis of nationality and religion, him next year when he gets his lease, if it flies in the face of statutes enacted by his team isn’t integrated, you can ter- objection, it is so ordered. Congress. minate the lease, or he can integrate. Ms. HIRONO. Mr. President, I have Attorney General Chin is standing up George Preston Marshall raised hell served with JEFF SESSIONS throughout for the people of Hawaii. The people of and went to Jack Kent and Bobby Ken- my time in the Senate and respect him the United States deserve the same nedy at Justice and did everything very much as a colleague. I come to the floor of the Senate today not to decide from our Attorney General. they could to push it aside. The Ken- To understand how an Attorney Gen- whether JEFF SESSIONS is doing a good nedys backed my dad. eral should discharge his or her respon- I know my colleague Senator HIRONO job as the Senator from Alabama, for, sibility, we need only turn to Senator is here. of course, that is for his constituents The short story is that the Wash- to decide; I come to the floor today to SESSIONS’ own words in an exchange between Sally Yates and Senator SES- ington Redskins got Bobby Mitchell vote on whether to support JEFF SES- SIONS during her confirmation hearing and had the first winning season the SIONS for Attorney General of all the next year in a long, long time. people of America, not just the people in 2015. I wish to read the exchange. Senator Those civil rights are things you of Alabama. That is an awesomely dif- SESSIONS said at her confirmation grow up with. They are things you ferent role and responsibility. hearing: want to move forward with. That is I have deep concerns about JEFF SES- Do you understand that in this political why I rise today to say I am deeply dis- SIONS’ independence from the President turbed about what Coretta Scott King world, there will be people calling, demand- and how he would use his prosecutorial ing, pushing, insisting on things that they do said about JEFF SESSIONS in 1986 when discretion to address a number of crit- he was going to be promoted. As U.S. not know what they’re asking for and could ical issues confronting our country. indeed be corrosive of the rule of law, could attorney, he chilled the free exercise of The Attorney General is the Amer- diminish the respect the Department of Jus- vote by Black citizens. That is how he ican people’s lawyer, not the Presi- tice has, could diminish the rule of law in carried out his responsibilities. dent’s, and the job requires the Attor- the United States? Are you aware of that? I think if you look at the whole his- ney General to stand up to the Presi- You’ve already learned that the time you’ve tory here, he is not fit to be Attorney dent as the people’s lawyer. been there. General, and that is why I am going to In his first 2 weeks in office, Presi- Nominee Yates said: vote no, and I urge everybody to vote dent Trump has demonstrated his in- Well, you’re right, Senator, I’m not from no. tolerance of dissent and independent here. I’ve only been here for a couple of I see my great colleague from Ha- thinking. He fired Acting Attorney months, but I can tell you I’m committed to waii, Senator HIRONO, here. She may General Sally Yates because she did the Department of Justice. want to speak. Others may come in. I love our department. I care deeply about I suggest the absence of a quorum. what an Attorney General is supposed our mission, and I would do everything in The PRESIDING OFFICER (Mr. COT- to do: She stood up and refused to de- my power to protect the integrity that is the TON). The clerk will call the roll. fend President Trump’s Executive Department of Justice.’’ The senior assistant legislative clerk order effectively restricting Muslims Senator SESSIONS said: proceeded to call the roll. from coming to or returning to our You have to watch out, because people will Mr. BROWN. Mr. President, I ask country. Would JEFF SESSIONS have be asking you to do things you just need to unanimous consent that the order for stood up to the President as Sally say no about. Do you think the Attorney the quorum call be rescinded. Yates did? General has the responsibility to say ‘‘no’’ to

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.315 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S914 CONGRESSIONAL RECORD — SENATE February 8, 2017 the President if he asks for something that and did not respond. Senator SESSIONS’ a very short statement, if I could do is improper? If the views of the President are view on Roe v. Wade is clear. Would that. unlawful, should the Attorney General or the anyone be surprised if, as Attorney Ms. HIRONO. I assume I will be able Deputy Attorney General say no? General, he would support overturning to resume my comments after the ma- Yates’ response: Roe v. Wade given that opportunity? jority leader’s statement? Senator, I believe the AG or deputy AG has In addition, in one of his first ac- The PRESIDING OFFICER. Without an obligation to follow the law and the Con- tions, the President reinstated a ban objection, it is so ordered. stitution and to give their independent legal on foreign aid to health providers Ms. HIRONO. Thank you. advice to the President. abroad who discussed abortion. This The PRESIDING OFFICER. The ma- The people of the United States need vow would compromise the health care jority leader. Mr. MCCONNELL. Mr. President, we an Attorney General who will stand up of millions of women in places where came together yesterday to confirm to the President to defend the Con- the need is greatest. Taking the Presi- Betsy DeVos as Secretary of Education stitution—especially, as Senator SES- dent’s lead, I seriously question wheth- so she could get to work improving our SIONS pointed out in his questions of er his Cabinet nominees, including the Nominee Yates, when the President is schools and putting students first. Attorney General nominee, will protect We will come together to confirm wrong. a woman’s right to choose. TOM PRICE as Secretary of Health and Based on Nominee SESSIONS’ long- I want to turn again to the topics of Human Services so he can get to work held restrictive views on immigration, President Trump’s Executive order, ba- I do not think he would stand up to the helping to provide relief from sically banning Muslim immigration, ObamaCare and stabilizing the health President as Sally Yates did. I am also because our next Attorney General will deeply concerned about how Senator care markets. likely weigh in on this, as well as other We will come together to confirm SESSIONS would use his prosecutorial immigration cases. In fact, the Justice Steve Mnuchin as Secretary of the discretion to address a number of crit- Department is already in Federal Treasury, too, so he can get to work ical issues. courts right now defending President continuing the President’s efforts to During his confirmation hearing, I Trump’s Muslim ban. So while there is relieve the regulatory pressure on pressed Senator SESSIONS for a com- an argument being made that this real- America’s economy and American job mitment to vigorously protect every ly is not a Muslim ban, I say, you can creation. citizens’ right to vote, particularly call a duck a chicken, but if it looks We will also come together later with regard to section 2 of the Voting like a duck, quacks like a duck, walks today to confirm a new Attorney Gen- Rights Act, which safeguards Ameri- like a duck, it is a duck. That is what eral. We all know our colleague from cans from discriminatory voting laws. this Executive order is, a Muslim ban. Alabama. He is honest. He is fair. He At a time when our President is mak- Sadly, stoking fears in minorities has been a friend to many of us on both ing unsubstantiated claims of massive and immigrants is a tragic but undeni- sides of the aisle. It has been tough to voter fraud, we need an Attorney Gen- able part of our Nation’s history, and watch all this good man has been put eral who will vigorously protect the this fear has been used to justify the through in recent weeks. This is a well- right to vote and not give in to these terrible treatment of minorities from qualified colleague, with a deep rev- kinds of alternative facts to justify Native peoples to slaves, to immigrants erence for the law. He believes strongly voter suppression laws. who helped build our country. In 1882, in the equal application of it to every- Senator SESSIONS did not provide me decades of incitement against Chinese one. with a satisfactory answer that he immigrants resulted in the passage of In his home State, he has fought would affirmatively scrutinize voting the Chinese Exclusion Act, an immoral against the forces of hate. In the Sen- laws for impermissible discriminatory law that banned all Chinese immigra- ate, he developed a record of advocacy impact. If the Attorney General does tion. This law, and others that fol- for crime victims but also for the fair not weigh in on these kinds of situa- lowed, created a culture of fear that and humane treatment of those who tions, this means that challenging culminated in the mass internment of break our laws, both when they are these kinds of voting laws, these kinds Japanese Americans during World War sentenced and when they are incarcer- of impermissible discriminatory voting II. ated. laws, will be left to individuals and This was one of the darkest periods JEFF SESSIONS has worked across the groups with limited resources, such as of American history, and it took dec- aisle on important initiatives. He is, in the NAACP. ades for our country to acknowledge the words of former Democratic Vice- I also asked Senator SESSIONS wheth- our error. Presidential Candidate Joe Lieberman, er he would honor the Department of Last week, we commemorated what ‘‘an honorable and trustworthy person, Justice’s consent decrees, some 20 of would have been civil rights icon Fred a smart and good lawyer, and a them, that address police misconduct Korematsu’s 98th birthday. As Japa- thoughtful and open-minded listener,’’ and enhance accountability. Senator nese Americans were rounded up for in- someone who ‘‘will be a principled, fair SESSIONS did not adequately assure me carceration, Mr. Korematsu, who was and capable Attorney General.’’ that as Attorney General, he would up- only 23 at the time, bravely resisted in- Our colleague wants to be Attorney hold these amendments. In fact, he left ternment all the way to the Supreme General for all Americans. Later today, the door open for renegotiating these Court, which upheld Mr. Korematsu’s we will vote to give him that chance, agreements. I pressed Senator SESSIONS conviction as being justified by the ex- and I will have more to say about our for a commitment to defend Roe v. igencies of war. Forty years later, doc- friend and colleague at that time. Wade in Federal court and to enforce uments kept from the Supreme Court I yield the floor. laws that guarantee the constitu- showed that the Americans of Japanese The PRESIDING OFFICER. The Sen- tionally protected women’s right to ancestry were not involved in seditious ator from Hawaii. choose. Senator SESSIONS refused to actions justifying mass incarceration. Ms. HIRONO. I would like to resume disavow his past comments that Roe v. Mr. Korematsu waited more than 40 my remarks. Wade was one of the worst Supreme years for a court in California to over- Mr. President, I want to read some Court cases ever decided and, in his turn his conviction. excerpts from President Ronald Rea- view, not based on the Constitution, During the Judiciary Committee’s gan’s remarks in 1988, apologizing for when, in fact, the majority decision markup on this nomination, I read the the internment of Japanese Americans. had a constitutional basis. full text of President Ronald Reagan’s More than 40 years ago, shortly after the Should the Supreme Court be pre- remarks in 1988, apologizing for the in- bombing of Pearl Harbor, 120,000 persons of sented with a case that provides them ternment. I would like to read some of Japanese ancestry living in the United the opportunity to overturn Roe v. States were forcibly removed from their the excerpts. homes and placed in makeshift internment Wade, I asked Senator SESSIONS, would I do see the majority leader here. camps. This action was taken without trial, he instruct the Solicitor General to Would you like me to yield? without jury. It was based solely on race, for argue for the overturning of Roe v. Mr. MCCONNELL. Mr. President, I these 120,000 were Americans of Japanese de- Wade? He said that was a hypothetical say to the Senator from Hawaii, I have scent.

VerDate Sep 11 2014 02:14 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.305 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S915 Yet we must recognize that the internment from seeking refuge in the country they the important issues facing this coun- of Japanese Americans was just that: a mis- risked their lives to help. try. I think all of us are aware that take. For throughout the war, Japanese And we should not turn our backs on those issues of civil rights, issues of voter refugees who have been shown, through ex- Americans in the tens of thousands remained suppression, issues of criminal justice utterly loyal to the United States. Indeed, tensive vetting, to pose no demonstrable scores of Japanese Americans volunteered threat to our Nation, and who have suffered reform are enormous issues that people for our Armed Forces, many stepping for- unspeakable horrors, most of them women from one end of this country feel very ward in the internment camps themselves. and children. strongly about. Those are issues that The 442nd Regimental Combat Team, made Ultimately, we fear this Executive order the next Attorney General of the up entirely of Japanese Americans, served will become a self-inflicted wound in the United States will be dealing with. with immense distinction to defend this Na- fight against terrorism. At this very mo- So clearly we need a vigorous discus- tion, their Nation. Yet back at home, the ment, American troops are fighting side-by- sion regarding the qualifications of soldiers’ families were being denied the very side with our Iraqi partners to defeat ISIL. President Trump’s nominee, JEFF SES- freedom for which so many of the soldiers But this Executive order bans Iraqi pilots themselves were laying down their lives. from coming to military bases in Arizona to SIONS, to be Attorney General. We need The legislation that I am about to sign fight our common enemies. to hear all points of view. The idea provides for a restitution payment to each of Our most important allies in the fight that a letter and a statement made by the 60,000 surviving Japanese Americans of against ISIL are the vast majority of Mus- Coretta Scott King, the widow of Mar- the 120,000 who were relocated or detained. lims who reject its apocalyptic ideology of tin Luther King, Jr., a letter that she Yet no payment can make up for those lost hatred. wrote, could not be presented and spo- years. So, what is most important in this bill This Executive order sends a signal, in- tended or not, that America does not want ken about on the floor of the Senate is, has less to do with property than with honor. to me, incomprehensible. For here we admit a wrong; here, we reaffirm Muslims coming into our country. our commitment as a nation to equal justice That is why we fear this Executive order It comes at a time when we have a under the law. may do more to help terrorist recruitment President who has initiated, and I hope than improve our security. President Reagan’s words powerfully it will not stand, a ban on Muslims en- demonstrated the wrongness of the in- That is the end of the joint state- tering the United States of America. ternment, but just after this Presi- ment by Senators MCCAIN and GRAHAM. We have a President who refers to a dential election, a top Trump surrogate I read the statement and I cannot but judge who issues a ruling in opposition said that the Japanese internment admire our two Senators for making to the President as a so-called judge, should be used as ‘‘precedent’’ for a the statements. I cannot overstate the which tells every judge in America Muslim registry. And a Supreme Court fearful message that President Trump that they will be insulted and Justice, Justice Scalia, in 2014, warned is sending by pursuing this ban on Mus- marginalized by this President if they that a civil rights atrocity similar to lims. dare to disagree with him. the internment of Japanese Americans Last night, our colleague, the senior I was under the impression we had could happen again. Justice Scalia ex- Senator from Massachusetts, was si- three separate branches of government: plained his thinking with the Latin lenced for sharing a letter from Coretta Congress, the President, and the Judi- phrase that means: ‘‘In times of war, Scott King. If we cannot make a dis- ciary, equal branches, not to be in- the laws fall silent.’’ Justice Scalia in tinction between talking about a fellow sulted because one branch disagrees 2014, went on to say: Senator from a person who is a nomi- with another branch. nee that we must confirm, then the Here we are now on the floor of the That is what was going on—the panic rule that shuts down debate should be Senate and one of our outstanding Sen- about the war, and the invasion of the Pa- cific and whatnot. That’s what happens. It called a gag rule. ators, Ms. WARREN of Massachusetts, was wrong, but I would not be surprised to Over the last 2 months, I have heard brings forth a statement made by one see it happen again—in times of war. It’s no from thousands of my constituents and of the heroines, one of the great leaders justification, but it is the reality. a number of prominent civil rights or- of the civil rights of the United States The internment of Japanese Ameri- ganizations, including a number who of America, a statement that she made cans is yet another example of how, testified at JEFF SESSIONS’ hearing before the Senate Judiciary Committee when we do not stand up against un- questioning his nomination. So I will on March 13, 1986. constitutional actions like President vote against the nomination of JEFF Anyone who knows anything about Trump’s Muslim ban, we will be SESSIONS to serve as Attorney General Coretta Scott King understands, this is complicit in what follows. Time and because I am deeply concerned about not a vicious woman; this is not a again, when our country targets mi- how he would use his prosecutorial dis- woman who is engaged in personal at- norities for discriminatory treatment, cretion to uphold voting rights, protect tacks. This is a woman who stood up history proves us to have been deeply civil rights, and safeguard a woman’s and fought for civil rights, for dignity, wrong. I commend my Republican col- right to choose. I am seriously con- for justice for her whole life. Yet when leagues, Senators GRAHAM, MCCAIN, cerned about JEFF SESSIONS’ willing- Senator WARREN read her statement, HATCH, FLAKE, SASSE, and others, for ness to say no to the President when he she was told that she could no longer their statements questioning President needs to. participate in this debate over Senator Trump’s immigration Executive order. I yield the floor. SESSIONS’ nomination, which I regard Senators LINDSEY GRAHAM and JOHN I suggest the absence of a quorum. as an outrage. MCCAIN issued a joint statement, which The PRESIDING OFFICER. The I want the American people to make I would like to read in whole because I clerk will call the roll. a decision on whether we should be very much admire the position they The senior assistant legislative clerk able to look at Senator SESSIONS’ took. In their joint statement they proceeded to call the roll. record and hear from one of the hero- Mr. SANDERS. Mr. President, I ask said: ines of the civil rights movement. unanimous consent that the order for This is the statement of Coretta Our government has the responsibility to the quorum call be rescinded. defend our borders, but we must do so in a Scott King on the nomination of JEF- way that makes us safer and upholds all that The PRESIDING OFFICER. Without FERSON BEAUREGARD SESSIONS for the is decent and exceptional about our Nation. objection, it is so ordered. U.S. District Court, Southern District It is clear from the confusion at our air- Mr. SANDERS. Mr. President, I want of Alabama, made before the Senate ports across the nation that President to say a few words about the Sessions Judiciary Committee on Thursday, Trump’s Executive order was not properly nomination for Attorney General, but I March 13, 1986, and this is what the vetted. We are particularly concerned by re- also want to express my very strong statement is about. Let the American ports that this order went into effect with opposition to Senator MCCONNELL’s ef- little to no consultation with the Depart- people judge. fort to deny Senator ELIZABETH WAR- ments of State, Defense, Justice, and Home- This is from Coretta Scott King: REN the opportunity to express her land Security. Mr. Chairman and Members of the Com- We should not stop green-card holders from point of view. mittee: returning to the country they call home. We There are two separate issues. No. 1, Thank you for allowing me this oppor- should not stop those who have served as in- this is the Senate. The American peo- tunity to express my strong opposition to terpreters for our military and diplomats ple expect from us a vigorous debate on the nomination of Jefferson Sessions for a

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.306 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S916 CONGRESSIONAL RECORD — SENATE February 8, 2017 federal district judgeship for the Southern clubbed a Negro woman registrant, and who for blacks, who suffered so much to receive District of Alabama. My longstanding com- callously inflicted repeated brutalities and that right in the first place. Therefore, it is mitment which I shared with my husband, indignities upon nonviolent Negroes, peace- my strongly-held view that the appointment Martin, to protect and enhance the rights of fully petitions for their constitutional right of Jefferson Sessions to the Federal bench Black Americans, rights which include equal to vote.’’ would irreparably damage the work of my access to the democratic process, compels Free exercise of voting rights is so funda- husband, Al Turner, and countless others me to testify today. mental to American democracy that we can- who risked their lives and freedom over the Civil rights leaders, including my husband not tolerate any form of infringement of past twenty years to ensure equal participa- and Albert Turner, have fought long and those rights. Of all the groups who have been tion in our democratic system. hard to achieve free and unfettered access to disenfranchised in our nation’s history, none The exercise of the franchise is an essen- the ballot box. Mr. Sessions has used the has struggled longer or suffered more in the tial means by which our citizens ensure that awesome power of his office to chill the free attempt to win the vote than Black citizens. those who are governing will be responsible. exercise of the vote by black citizens in the No group has had access to the ballot box de- My husband called it the number one civil district he now seeks to serve as a federal nied so persistently and intently. Over the right. The denial of access to the ballot box judge. This simply cannot be allowed to hap- past century, a broad array of schemes have ultimately results in the denial of other fun- pen. Mr. Sessions’ conduct as U.S. Attorney, been used in attempts to block the Black damental rights. For, it is only when the from his politically-motivated voting fraud vote. The range of techniques developed with poor and disadvantaged are empowered that prosecutions to his indifference toward the purpose of repressing black voting rights they are able to participate actively in the criminal violations of civil rights laws, indi- run the gamut from the straightforward ap- solutions to their own problems. cates that he lacks the temperament, fair- plication of brutality against black citizens We still have a long way to go before we ness, and judgment to be a federal judge. who tried to vote to such legalized frauds as can say that minorities no longer need to be The Voting Rights Act was, and still is, vi- ‘‘grandfather clause’’ exclusions and rigged concerned about discrimination at the polls. tally important to the future of democracy literacy tests. Blacks, Hispanics, Native Americans and in the United States. I was privileged to join The actions taken by Mr. Sessions in re- Asian Americans are grossly underrep- Martin and many others during the Selma to gard to the 1984 voting fraud prosecutions resented at every level of government in Montgomery march for voting rights in 1965. represent just one more technique used to in- America. If we are going to make our time- Martin was particularly impressed by the de- timidate Black voters and thus deny them less dream of justice through democracy a termination to get the franchise of blacks in this most precious franchise. The investiga- reality, we must take every possible step to Selma and neighboring Perry County. As he tions into the absentee voting process were ensure that the spirit and intent of the Vot- wrote, ‘‘Certainly no community in the his- conducted only in the Black Belt counties ing Rights Act of 1965 and the Fifteenth tory of the Negro struggle has responded where blacks had finally achieved political Amendment of the Constitution is honored. with the enthusiasm of Selma and her neigh- power in the local government. Whites had The federal courts hold a unique position boring town of Marion. Where Birmingham been using the absentee process to their ad- in our constitutional system, ensuring that depended largely upon students and unem- vantage for years without incident. Then, minorities and other citizens without polit- ployed adults to participate in nonviolent when Blacks; realizing its strength, began to ical power have a forum in which to vindi- protest of the denial of the franchise, Selma use it with success, criminal investigations cate their rights. Because of this unique role, has involved fully 10 per cent of the Negro were begun. it is essential that the people selected to be population in active demonstrations, and at In these investigations, Mr. Sessions, as Federal judges respect the basic tenets of our least half the Negro population of Marion U.S. Attorney, exhibited an eagerness to legal system: respect for individual rights was arrested on one day.’’ Martin was refer- bring to trial and convict three leaders of and a commitment to equal justice for all. ring of course to a group that included the the Perry County Civil League including Al- The integrity of the Courts, and thus the defendants recently prosecuted for assisting bert Turner despite evidence clearly dem- rights they protect, can only be maintained elderly and illiterate blacks to exercise that onstrating their innocence of any wrong- if citizens feel confident that those selected franchise. In fact, Martin anticipated from doing. Furthermore, in initiating the case, as federal judges will be able to judge with the depth of their commitment 20 years ago, Mr. Sessions ignored allegations of similar fairness others holding differing views. that a united political organization would behavior by whites, choosing instead to chill I do not believe Jefferson Sessions pos- remain in Perry County long after other the exercise of the franchise by blacks by his sesses the requisite judgment, competence, marchers had left. This organization, the misguided investigation. In fact, Mr. Ses- and sensitivity to the rights guaranteed by Perry County Civil League, started by Mr. sions sought to punish older black civil the Federal civil rights laws to qualify for Turner, Mr. Hogue, and others, as Martin rights activists, advisors, and colleagues of appointment to the federal district court. predicted, continued ‘‘to direct the drive for my husband, who had been key figures in the Based on his record, I believe his confirma- votes and other rights.’’ In the years since civil rights movement in the 1960’s. These tion would have a devastating effect on not the Voting Rights Act was passed, Black were persons who, realizing the potential of only the judicial system in Alabama, but Americans in Marion, Selma, and elsewhere the absentee vote among Blacks, had learned also on the progress we have made every- have made important strides in their strug- to use the process within the bounds of the where toward fulfilling my husband’s dream gle to participate actively in the electoral legality and had taught others to do the that he envisioned over twenty years ago. I process. The number of Blacks registered to same. The only sin they committed was therefore urge the Senate Judiciary Com- vote in key Southern states has doubled being too successful in gaining votes. mittee to deny his confirmation. since 1965. This would not have been possible The scope and character of the investiga- I thank you for allowing me to share my without the Voting Rights Act. tions conducted by Mr. Sessions also warrant However, Blacks still fall far short of hav- grave concern. Witnesses were selectively views. ing equal participation in the electoral proc- chosen in accordance with the favorability of That is the letter of Coretta Scott ess. Particularly in the South, efforts con- their testimony to the government’s case. King, one of the great leaders of our tinue to be made to deny Blacks access to Also, the prosecution illegally withheld from civil rights movement, who, along with the polls, even where Blacks constitute the the defense critical statements made by wit- her husband and many others, finally majority of the voters. It has been a long up- nesses. Witnesses who did testify were pres- managed to get passed the Voting hill struggle to keep alive the vital legisla- sured and intimidated into submitting the tion that protects the most fundamental ‘‘correct’’ testimony. Many elderly blacks Rights Act of 1965. right to vote. A person who has exhibited so were visited multiple times by the FBI who That is it. That is the letter Senator much hostility to the enforcement of those then hauled them over 180 miles by bus to a ELIZABETH WARREN wanted to commu- laws, and thus, to the exercise of those rights grand jury in Mobile when they could more nicate to other Members of the Senate by Black people should not be elevated to easily have testified at a grand jury twenty as part of the discussion as to whether the federal bench. miles away in Selma. These voters, and oth- JEFF SESSIONS should become our next The irony of Mr. Sessions’ nomination is ers, have announced they are now never Attorney General. that, if confirmed, he will be given life ten- going to vote again. ure for doing with a federal prosecution what I urge you to consider carefully Mr. Ses- Let me say that I will vote against the local sheriffs accomplished twenty years sions’ conduct in these matters. Such a re- JEFF SESSIONS for a number of reasons, ago with clubs and cattle prods. Twenty view, I believe, raises serious questions but the idea that in the United States years ago, when we marched from Selma to about his commitment to the protection of Senate, the same exact letter that I Montgomery, the fear of voting was real, as the voting rights of all American citizens just read and the American people have the broken bones and bloody heads in Selma and consequently his fair and unbiased judg- heard it—was there some kind of vi- and Marion bore witness. As my husband ment regarding this fundamental right. cious personal attack? wrote at the time, ‘‘it was not just a sick When the circumstances and facts sur- This is a letter written by one of the imagination that conjured up the vision of a rounding the indictments of Al Turner, his public official, sworn to uphold the law, who wife, Evelyn, and Spencer Hogue are ana- leaders of the civil rights movement, forced an inhuman march upon hundreds of lyzed, it becomes clear that the motivation expressing strong concerns about JEFF Negro children; who ordered the Rev. James was political, and the result frightening—the SESSIONS before the Judiciary Com- Bevel to be chained to his sickbed; who wide-scale chill of the exercise of the ballot mittee in 1986, opposing his nomination

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.317 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S917 to be a Federal judge. Yet Senator ator SESSIONS’ public service, I cannot landmark legislation, originally draft- ELIZABETH WARREN, one of our leading and will not support his nomination. ed in 1994, provides crucial protections Senators, was denied the right to read I also rise to raise the concerns of and resources for the investigation and that letter to inform fellow Senators thousands of my constituents who have prosecution of violent crimes against and the American people. contacted me about Senator SESSIONS. women. The 2013 reauthorization bill I think Leader MCCONNELL owes Sen- These Virginians worry about what his updated those programs within the De- ator WARREN an apology, and I believe confirmation would mean for the rights partment of Justice and extended re- it is unconscionable and outrageous of all Virginians and all Americans. sources and protections to additional that Senator WARREN not be allowed to Senator SESSIONS’ long record of op- populations, such as those in same-sex participate in the discussion about posing bipartisan, commonsense poli- relationships. That bill passed with the whether JEFF SESSIONS becomes our cies relating to voting rights, anti-dis- support of a large bipartisan majority next Attorney General. crimination, domestic violence, and in the Senate, including a majority of There is a great fear in this country criminal justice reform leads me to the Republican caucus. However, Sen- right now, starting at the White House, conclude that he is not the right per- ator SESSIONS opposed the entire bill where we have a President who has son to serve as Attorney General. due to concerns about one provision in issued a ban on Muslim visitors coming I would like to take a couple of min- the legislation related to domestic vio- into this country. There is a fear that utes—and I know I have my friend the lence against Indians on tribal lands. we have a President who denigrates a Senator from Minnesota coming after We in the Senate have all on occasion judge as a ‘‘so-called judge’’ because me—to talk about five areas of concern been faced with legislation that con- this judge issued an opinion in dis- I have with his nomination. tains one or more provisions that we agreement with the President, that we First, voting rights. In 2013, the Su- have concerns about or would not have are moving in a direction which is un- preme Court ruled in Shelby County v. included in the legislation. Yet my col- American, which is moving us toward Holder to gut a key section of the Vot- leagues on both sides of the aisle can attest that we very often strike com- an authoritarian society. ing Rights Act. Senator SESSIONS ap- We pride ourselves as a nation be- plauded that decision which eroded promises to get important legislation cause when we have differences of opin- voter access and protection in several over the finish line. Oftentimes the ion, we debate those differences and we States once covered by the sign of a good bill is when not one of us tolerate differences of opinion. That is preclearance provisions in the Voting gets 100 percent of what we may have what democracy is about in our coun- Rights Act. Those States included the wanted. Opposing a much broader, try, that is what freedom of speech is Commonwealth of Virginia. Moreover, commonsense bipartisan bill meant to about, and that is what debate is about he has failed to support important leg- reduce violence and protect domestic violence victims calls into question here in the U.S. Senate. islation that would restore those pro- Senator SESSIONS’ commitment to ad- So I am going to vote against JEFF tections. ministering these important programs SESSIONS to become our next Attorney The bipartisan legislation, the Vot- General, but I am even more alarmed ing Rights Advancement Act, was in- at the Department of Justice. Fourth, various sentencing reforms. about the decision of the majority troduced last Congress and would serve There is broad, bipartisan recognition leader here in the Senate to deny one to once again protect our Nation’s in the Senate that our broken criminal of our leading Senators the right to hard-fought equal access to the ballot. justice system is badly in need of re- voice her opinion, the right to put into I was proud to cosponsor this bill and form. Likewise, there is bipartisan sup- the CONGRESSIONAL RECORD what I have remain committed to working with my port for updating outdated statutes just said. And if Mr. MCCONNELL or colleagues to put a fair process in place that tie judges’ hands and often force anybody else wants to deny me the that ensures our elections are open to them to hand down overly punitive right to debate JEFF SESSIONS’ quali- all. Senator SESSIONS unfortunately mandatory minimum sentences. Yet fications, go for it. But I am here. I opposed this legislation. last year Senator SESSIONS again was will participate in the debate. I will op- The second area is nondiscrimina- one of only five Republicans on the Ju- pose JEFF SESSIONS. And I think Sen- tion. I also have concerns about Sen- diciary Committee to vote against this ator WARREN is owed an apology. ator SESSIONS’ record on a broad range bipartisan criminal justice reform leg- With that, Mr. President, I ask unan- of anti-discrimination provisions. He islation, of which I am a proud cospon- imous consent to have printed in the was one of only four Senators to oppose sor, the Sentencing Reform and Correc- RECORD the statement of Coretta Scott an amendment in the Judiciary Com- tions Act. King. mittee that would have reaffirmed the There is overwhelming support both The PRESIDING OFFICER. The Sen- principle that the United States does in this body and among the American ator from Virginia. not discriminate against immigrants public for reforming a broken justice Mr. WARNER. First of all, Mr. Presi- on the basis of religion—an issue that system and giving thousands of Ameri- dent, I thank my colleague, the Sen- unfortunately has reared its head most cans a second chance to be productive ator from Vermont, for his statement, recently by the President’s action. members of society. I believe that Sen- and remarkably, the events of the last He opposed the Employment Non- ator SESSIONS’ views on criminal jus- 24 hours, with Senator WARREN’s com- Discrimination Act, which codifies pro- tice are at odds with what the Amer- ments and now Senator SANDERS’ com- tection for LGBTQ Americans, and de- ican people want and at odds with the ments and others, and the fact that it nies the reality that too many of our basic principles of fairness and equal- is now out there—using social media, LGBTQ neighbors still face down dis- ity under law that are supposed to be this letter has now reached this morn- crimination and hatred every day. the hallmark of our Nation’s justice ing more than 5 million Americans. I While nearly two-thirds of the Senate system. know that Senator SANDERS’ comments voted for the Matthew Shepard and Finally, on the question of independ- this morning continue to expand, James Byrd, Jr. Hate Crimes Preven- ence, I am concerned that Senator SES- reaching Americans. And out of every tion Act in 2009, Senator SESSIONS stat- SIONS won’t be sufficiently independent challenge comes an opportunity—the ed this instead: ‘‘I’m not sure that to execute the responsibilities of Attor- opportunity to make sure more Ameri- women or people with different sexual ney General effectively. Doing this job cans hear the very powerful words and orientations face that kind of discrimi- the way our Founding Fathers in- her rationale against Senator SESSIONS nation. I just don’t see it.’’ tended requires a certain level of im- I think was very important, and so I From opposing the DREAM Act, to partiality to fully and independently thank him for his work. opposing the repeal of don’t ask, don’t enforce our laws and protect the rights Mr. SANDERS. Thank you very tell, Senator SESSIONS’ views are well of the disenfranchised. Senator SES- much. outside of the mainstream. SIONS has said achieving this level of Mr. WARNER. Mr. President, I also The third area is the Violence neutrality means saying no to the rise today to voice my concerns about Against Women Act. In 2013, Senator President sometimes. Senator JEFF SESSIONS to serve as U.S. SESSIONS voted against reauthorizing This is one area in which I agree with Attorney General. While I respect Sen- the Violence Against Women Act. This my colleague and very much want to

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Sen- SIONS’ nomination had attempted to re- fully prepared to faithfully execute ator Specter, who was serving as the vise some of his history and recast him this new set of responsibilities with the ranking Republican at the time, had as a civil rights champion. amount of independence that the job just changed his party affiliation to I questioned Senator SESSIONS about demands. join the Democrats, and so the gavel the questionnaire’s claim of personally Again, I stress that the main duties passed to Senator SESSIONS. Some peo- handling those four civil rights cases. I of serving as Attorney General include ple, particularly on my side of the mentioned that the Department of Jus- enforcing our Nation’s laws and by aisle, were anxious about how Senator tice attorneys who had worked on doing so, protecting the civil rights of SESSIONS would lead the committee’s three of those four cases wrote an op-ed all Americans. That is the most basic Republicans given his more conserv- stating that Senator SESSIONS had no tenet of being Attorney General. Given ative views, but during that interview substantive involvement in those Senator SESSIONS’ long record of oppos- with the National Review, Senator cases. Two of those attorneys also sub- mitted testimony to that effect, ex- ing many of these fundamental laws SESSIONS indicated that Democrats that protect civil rights and equality should expect him to be an honest plaining that Senator SESSIONS had no for all, I have grave concerns about broker, to be fair to the Democratic personal involvement in some of the him fulfilling and taking this position. nominee. cases that he had listed among the top For these reasons, I am unable to Senator SESSIONS cited his experi- 10 matters that he had personally list- support Senator SESSIONS’ nomination ence before the Judiciary Committee ed. I asked Senator SESSIONS about this. to be Attorney General, and I encour- back in 1986 when President Reagan In my view, he deserved an opportunity age my colleagues to take these con- nominated him to serve on the Federal to explain himself. I asked him wheth- cerns under consideration as we move bench. The committee rejected his toward a final vote on this nomination. er these attorneys had distorted his nomination then, and Senator SES- Mr. President, I yield the floor. record by stating that with regard to SIONS felt that in doing so, the com- The PRESIDING OFFICER (Mr. SUL- three of those four cases: ‘‘We can state mittee had distorted his record. He LIVAN). The Senator from Minnesota. categorically that Sessions had no sub- said: ‘‘What I learned in that process is Mr. FRANKEN. Thank you, Mr. stantive involvement in any of them.’’ that we’re not going to misrepresent President. I rise in opposition to the Senator SESSIONS said: Yes, he be- nomination of Senator JEFF SESSIONS any nominee’s record, and we’re not lieved they were distorting his record. to serve as our Nation’s next Attorney going to lie about it.’’ He said that he had supported the at- General. Senator SESSIONS said, as ranking torneys, and he had signed the com- The U.S. Attorney General has a job member, that nominees before the plaints they had brought. like none other. Our Nation’s top law committee would be ‘‘entitled to ex- Senator SESSIONS’ reply mirrored an- enforcement officer doesn’t enforce plain the charges against them. That swers he provided in a supplement to just the laws designed to protect na- doesn’t mean I’ll accept their expla- his initial questionnaire. In that sup- tional security and keep the public safe nation or agree with it.’’ plement, which he filed 2 weeks after but also the laws designed to protect In my view, that seemed like a fair his initial questionnaire, the nominee Americans’ civil rights and civil lib- way to conduct the committee’s busi- clarified that his role was to ‘‘provide erties, the laws that guarantee each ness. When I set about the task of re- support for’’ DOJ attorneys. He said he and every American access to the same viewing Senator SESSIONS’ record and ‘‘provided assistance and guidance’’ opportunities and to participate fully the materials that he provided to the and ‘‘cooperated’’ with DOJ lawyers— in our democracy. committee, I expected that those mate- not quite ‘‘personally handled,’’ if you I know Senator SESSIONS. He and I rials would not misrepresent his ask me. I suspect that is why he felt have served on the Judiciary Com- record. I took him at his word. the need to file the supplement. mittee together since I joined the Sen- So when I noticed discrepancies re- It is also worth noting that all four ate back in 2009, and I have a good rela- garding the nominee’s record, I gave of the civil rights cases at issue—the tionship with Senator SESSIONS. I re- Senator SESSIONS an opportunity to ex- ones at issue here—had either con- spect him as a colleague. But as any- plain them. I asked him about his cluded or were still active back when one who has observed Senator SESSIONS claim to have filed 20 or 30 desegrega- Senator SESSIONS first appeared before or me in a Judiciary Committee hear- tion cases, a claim he made in that the Judiciary Committee in 1986. But ing could probably tell you, he and I same 2009 National Review interview. 30 years ago, when he submitted his have very different views about many In response, in the committee hearing questionnaire, which also asked him to of the issues that he stands to influ- Senator SESSIONS said: ‘‘The records do list the ‘‘ten most significant litigated ence as Attorney General, particularly not show that there were 20 or 30 actu- matters which [he] personally han- matters of equal justice. So once the ally filed cases.’’ Of the claim, he said: dled,’’ Senator SESSIONS did not list a President announced his nomination ‘‘The record does not justify it.’’ single one of these four cases—not a and after Senator SESSIONS submitted I then moved on to question him single one. I wonder what changed be- his material to the committee, I re- about four cases he had listed on his tween 1986 and now that caused these viewed his background carefully, and I committee questionnaire, which asked four civil rights cases to take on new paid special attention to how he de- him to list the ‘‘10 most significant significance for the nominee. Look, the scribed his work on civil rights. I no- litigated matters [he] personally han- fact of the matter is that Senator SES- ticed some discrepancies in the way he dled.’’ Among those 10 cases were three SIONS simply did not personally handle described his involvement in civil voting rights cases and a desegregation the civil rights cases that his question- rights cases filed during his time as case. naire indicates he personally handled. U.S. attorney. Those discrepancies I know Senator SESSIONS, and I know His questionnaire overstates his in- stood out to me, and they didn’t just his record on voting rights. He is no volvement in these cases and the sup- stand out because civil rights is an champion of voting rights. He has plement he filed makes that perfectly issue I care about personally or be- called the Voting Rights Act ‘‘intru- clear. As I said, in the Judiciary Com- cause it is an issue I know Senator sive’’ and complained about States mittee, Senator SESSIONS would not SESSIONS and I have disagreed about in with a history of discrimination being have tolerated that kind of misrepre- the past; the discrepancies caught my subject to preclearance. But here his sentation, and no Member of this body attention because the information questionnaire seemed to tout his per- should either. Senator SESSIONS said in seemed to misrepresent the nominee’s sonal involvement in three voting 2009: record, and that is something Senator rights cases and one desegregation We’re are not going to misrepresent any SESSIONS himself promised not to do. case. It seemed to me that, given his nominee’s record. . . . They’ll be entitled to

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.321 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S919 explain the charges against them. That didn’t seem to bother Senator SESSIONS hope, clarify to my colleagues why doesn’t mean I’ll accept their explanation or was the speed with which States pre- there is so much fear in this country, agree with it. viously covered by the Voting Rights when a man who is President of the And neither do I. Act, covered by preclearance, moved to United States says there are 3 million The Senate has an important job to restrict voting rights after the Su- to 5 million votes fraudulently cast. I do. It requires that each and every one preme Court’s Shelby County decision. wonder how he got 3 million. Could it of us understand the nominee’s record He and I discussed this at his hearing. possibly have anything to do with the accurately. The duties and responsibil- I pointed out that after Shelby County, fact that he lost the popular vote by ities of our Nation’s top law enforce- States moved quickly to enact new re- 2.86 million? How did he bring that fig- ment officer demand that the President strictions, but he didn’t seem con- ure out of the air? nominate an individual who puts coun- cerned. What are the American people sup- try before party and who is willing to We discussed North Carolina, which posed to think when the President pursue justice for the most vulnerable enacted restrictions that the Fourth makes these laughable claims, faced among us. But I do not have confidence Circuit eventually described as tar- with no facts whatsoever? that a nominee whose submissions to geting African Americans with ‘‘almost He told the story about a German the Judiciary Committee inflate and surgical precision’’—targeting African golfer in line in Florida. Do my col- exaggerate his handling of the critical Americans with almost surgical preci- leagues remember this? He heard this issues—issues such as protecting the sion to make it harder for them to story thirdhand. This is his proof to right to vote—is, frankly, capable of vote, to suppress their vote, which sup- the congressional leadership. I believe pursuing equal justice under the law. pressed African-American votes in the Senator CORNYN was actually there. I I questioned Senator SESSIONS about 2014 election. So this had happened. think he was part of the group who voting rights during his hearing. I But it didn’t seem to bother Senator went there as the leadership of the asked him about an extraordinary SESSIONS. All he said was ‘‘every elec- Senate. The President said that part of claim by the then President-elect. In tion needs to be managed closely and his evidence was this story that this late November, President-Elect Trump we need to ensure that there is integ- German golfer in line had three His- tweeted: ‘‘In addition to winning the rity in it, and I do believe we regularly panic people in front of him and three electoral college in a landslide, I won have fraudulent activities occur during in back. The President then went into the popular vote if you deduct the mil- election cycles.’’ conjecture about what Latin American lions of people who voted illegally.’’ Now, let’s be clear. Claims of apoc- countries they could be from. Then he Let me repeat that: ‘‘the millions of ryphal voter fraud are used to justify said that none of them were pulled out people who voted illegally.’’ voter suppression. Claims of bogus of the line; only the German golfer, the Let’s be clear. President Trump lost fraud are exactly what States cite famous German golfer. He has won the popular vote by 2.86 million votes— when they enact laws designed to keep some PGA tournaments. He is a great the popular vote for the President. He certain people from voting. golfer. He is not registered to vote in is the President of the United States, So understanding Senator SESSIONS’ the United States. but he lost the popular vote by 2.86 views on voting rights and under- The story was apocryphal. Doesn’t million votes. When he says, ‘‘I won standing how he responded to the this send a chill down the spine of the popular vote if you deduct the mil- President-elect’s outrageous claims of every Member of this Senate who cares lions of people who voted illegally,’’ he fraud—and is there anyone here in this about the franchise? Think about it. This is the funda- is saying that at least 2.86 million peo- body who doesn’t believe that the mental building block of our democ- ple voted illegally. President’s claims are outrageous and, racy—the franchise. That is a pretty extraordinary indeed, pernicious? Keeping Senator Now, Senator SESSIONS said during charge. During Senator SESSIONS’ hear- SESSIONS’ views on voting rights in his hearing that he believes we regu- ing, I asked, do you agree with the mind and understanding how he re- larly have fraudulent activities during President-elect that millions of fraudu- sponded to the President’s claims is our election cycles. That might explain lent votes had been cast? important to helping us assess whether why he didn’t talk with the President- He responded: ‘‘I don’t know what the he is capable of filling one of the Attor- elect in any depth about the now-Presi- President-elect meant or was thinking ney General’s most important duties, dent’s claim that millions of fraudu- when he made that comment, or what protecting the right to vote. lent votes were cast. Perhaps Senator facts he may have had to justify his That is how we all got here. We won SESSIONS didn’t find it alarming be- statement.’’ elections. That is how the Presiding Of- cause he believes there is a kernel of Senator SESSIONS didn’t say whether ficer won an election in Alaska, fair truth in the claim. There is not. That he agreed. I asked him whether he had and square. This is so basic. The claim has been fact-checked to death. talked to the President-elect about Fourth Circuit ruled that North Caro- Nearly 138 million votes were cast in that issue. Senator SESSIONS said: ‘‘I lina had surgically targeted African the 2016 election. State officials found have not talked to him about that in Americans, and because of the Shelby virtually no credible reports of fraud any depth.’’ decision, the Justice Department and no sign whatsoever of widespread Under the Attorney General’s leader- couldn’t review that, couldn’t do fraud. ship and direction, the Department of preclearance, couldn’t prevent African In 2014, a comprehensive study exam- Justice is tasked with protecting the Americans from having their votes sup- ined elections over 14 years, during right to vote and with prosecuting pressed. That should bother us. which more than 1 billion ballots were fraud. It seems unusual to me that the That should bother every one of us. cast, and they found just 31 incidents President-elect would make such an It really should. We are here. We had of in-person fraud, but that didn’t stop outrageous claim, backed with no evi- some arguments over the last evening. President Trump. Never let the truth dence, asserting that a fraud of truly The ones having the arguments were get in the way of a good story. He epic proportion had occurred and that all elected. Protecting the franchise is again claimed that he won the popular he wouldn’t bother to discuss it with the most basic duty in a democracy. vote and continued to claim it and the man nominated to lead the Justice And whose job is that? That is the job asked for an investigation. Department nor that the man tasked of the Attorney General. This is so profoundly disturbing. I to head the Justice Department Think about how basic and funda- ask my colleagues, doesn’t it bother wouldn’t ask him about it and ask mental this is. It is all the words that you? what his evidence was so that when he are said here on the floor, they are said The President went on to tweet about became Attorney General, he could by people who won elections. I won an this ‘‘major investigation into VOTER prosecute this voter fraud. election by 312 votes. Every vote is im- FRAUD, including those registered to But, in my questioning, none of this portant. To suppress votes, to sur- vote in two states, those who are ille- seemed to bother Senator SESSIONS. I gically target a race of people, how gal, and even, those registered to vote suppose that shouldn’t come as a sur- fundamentally wrong is that? It should who are dead, and then (and many for prise, because another thing that make us shiver. It should, I would a long time).’’

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.322 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S920 CONGRESSIONAL RECORD — SENATE February 8, 2017 I know on my deathbed, which I hope what Senator SESSIONS asked if she SESSIONS has said that ‘‘all Americans is many, many years from now, sur- would do, but I fear Senator SESSIONS are entitled to equal protection under rounded by my family, my grand- has not demonstrated that he is capa- the law, no matter their background.’’ children, and hopefully my great- ble of fulfilling that obligation, and his He has said that, if confirmed, he grandchildren, if they say: Grandpa, record, as demonstrated by the fact would ‘‘enforce the laws passed by Con- Great-grandpa, any last wishes, I would that he did not discuss these claims gress.’’ But time and time again, Sen- say: Yes, I want to, before I leave this with the President, suggests that he is ator SESSIONS has demonstrated an in- world, ‘‘slip my mortal coil,’’ or what- simply not willing to speak truth to ability to recognize injustice—whether ever Shakespeare said; I want to make power. it is discrimination faced by LGBT peo- sure that I unregistered to vote be- Now, Senator SESSIONS has a long ple, discriminatory barriers to the bal- cause I was a U.S. Senator and I record, not just during his time as U.S. lot box, or violence against women. If wouldn’t want to commit voter fraud, attorney and as Alabama’s attorney he can’t see injustice, what assurance so, please, somebody, call the county general but here in the U.S. Senate. do we have that he will act to stop it? clerk. I am too weak to do that. But regardless of the posts he held, The communities we represent But I want to unregister because Senator SESSIONS has not exhibited should be confident that the Nation’s clearly anyone who doesn’t unregister what I would characterize as a commit- top law enforcement officer is capable to vote before they die is committing ment to equal justice. of recognizing the challenges they face In my view, it is the obligation of some kind of fraud, and clearly anyone and will help them overcome those elected officials, law enforcement offi- who is registered to vote in two States challenges. Before the Senate moves to cers to recognize injustice when they is committing fraud—people like Steve confirm this nominee, it is important see it and stand in opposition to it, but Bannon, Sean Spicer, the Press Sec- ES on far too many occasions, it seems to understand whether Senator S - retary, Steve Mnuchin, Treasury Sec- SIONS is able or willing to acknowledge that Senator SESSIONS has not followed retary designee, the President’s daugh- that obligation. those challenges and to take steps nec- ter Tiffany, and his son-in-law Jared In 2009, the Senate debated the Mat- essary to address them, not turn a Kushner. We really should investigate thew Shepard and James Senator Byrd, blind eye. I am not confident that he them. Jr. Hate Crimes Prevention Act, the is, and I will be voting against him. The President has said the adminis- bill that extended Federal hate crimes Mr. President, I yield the floor. tration would form a commission led protections to people targeted on the Mr. SCHUMER. Mr. President, I sug- by Vice President PENCE to investigate basis of their sexual orientation or gen- gest the absence of a quorum. this voter fraud. der identity. In the hearing on that The PRESIDING OFFICER. The This raises serious concerns, not the bill, Senator SESSIONS said, ‘‘I am not clerk will call the roll. least of which is whether such an order sure women or people with different The senior assistant legislative clerk or commission would serve as a pretext sexual orientations face that kind of proceeded to call the roll. for nationwide voter suppression. Be- discrimination. I just don’t see it.’’ Mr. SCHUMER. Mr. President, I ask fore my colleagues vote on Senator Senator SESSIONS repeatedly opposed unanimous consent that the order for SESSIONS’ nomination, we deserve to a bill to reauthorize the Violence the quorum call be rescinded. know whether the President intends Against Women Act, or VAWA, the The PRESIDING OFFICER. Without for the Attorney General or the Justice landmark law combating domestic sex- objection, it is so ordered. Department to lead or participate in ual violence. The bill would have ex- Mr. SCHUMER. Mr. President, we these investigations. panded the law to protect LGBT peo- here in the Senate have a tradition of When the President of the United ple, Native American women, and im- mutual respect among our fellow Sen- States lies about the existence of mas- migrant women, but he voted against ators. We have a spirit of comity. It is sive, widespread fraud, it is the job of it three times. He said that ‘‘there are a tradition that I hold in high esteem. the Attorney General to call him on it. matters put on the bill that almost Last night that tradition was vio- It is the job of the Attorney General to seem to invite opposition.’’ I raised lated, and the Senate went in a very call him on it. The Attorney General this with Senator SESSIONS prior to his bad direction. I believe my Republican has an obligation to tell it like it is. hearing, and I pointed out that Native colleagues were far too zealous in try- Senator SESSIONS may have said it best women experience an epidemic of sex- ing to enforce that tradition and in himself. When Sally Yates was nomi- ual and domestic violence, much of it doing so were guilty of the exact same nated to be the Deputy Attorney Gen- at the hands of non-Indians—most of thing they were trying to police. eral, Senator SESSIONS questioned her it—a large majority of it. That is not a My friend the Senator from Massa- during her confirmation hearing. He new development. But Senator SES- chusetts was reading a letter written said: ‘‘You have to watch out because SIONS said to me that at the time he by Mrs. Coretta Scott King, the widow people will be asking you to do things voted on the issue, he didn’t under- of Martin Luther King, Jr., to the Judi- and you will need to say no.’’ stand the gravity of the problem. He ciary Committee—her testimony about Do you think the Attorney General must not have seen it. the nomination of then-Judge JEFF has a responsibility to say no to the In 2006, when the Judiciary Com- SESSIONS to be a Federal judge. For President if he asks for something that mittee held a hearing on reauthorizing that, the Chair and my friend the ma- is improper? A lot of people have de- the Voting Rights Act, Senator SES- jority leader interrupted her remarks, fended the Lynch nomination, for ex- SIONS said there is ‘‘little present day invoked rule XIX, and forbid her from ample, by saying: Well, he will appoint evidence’’ of State and local officials continuing. The Chair directed the somebody who is going to execute his restricting access to the ballot box. He Senator to take her seat. In my view, views. Well, what is wrong with that? complained that the Voting Rights it was totally, totally uncalled for. But if the views the President wants to Act’s preclearance requirement un- Senator WARREN wasn’t hurling wild execute are unlawful, should the Attor- fairly targeted certain States. He said, accusations; she was reading a ney General or the Deputy Attorney ‘‘Alabama is proud of its accomplish- thoughtful and considered letter from a General say no? ments, but we have the right to ask leading civil rights figure. Anyone who Ms. Yates responded: Senator, I be- why other areas of the country are not watches the Senate floor on a daily lieve the Attorney General or the Dep- covered by it.’’ Now, the Voting Rights basis could tell that what happened uty Attorney General has an obligation Act’s preclearance requirement forced last night was the most selective en- to follow the law and the Constitution, States with a history of enacting dis- forcement of rule XIX. to give their independent legal advice criminatory measures to get Federal My friend the Senator from Massa- to the President. approval before changing their voting chusetts was here when one of her col- As everyone here should agree, that practices. That is why Alabama was leagues called the leadership of my is exactly what Ms. Yates did last subject to preclearance, but he just dear friend Senator Reid ‘‘cancerous’’ week—I think it was last week. These didn’t see it. and said that he ‘‘doesn’t care about weeks seem long. This Nation owes her During this hearing and in his re- the safety’’ of our troops. That was not a debt of gratitude. She did exactly sponses to written questions, Senator enforced as a rule XIX violation, but

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.324 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S921 reading a letter from Coretta Scott procedure to interrupt her, to silence Over the last 7 years, all of these King—that was too much. her, and it was the only violation of fears have become a reality. A new Suggesting that the distinguished the spirit of mutual respect and comity Congress and a new administration majority leader had repeatedly lied to in this body that occurred last night. have heard the people’s response loud the press—a comment made by a fellow Mr. President, I yield the floor. and clear, and that response is that we Republican, by the way—that was fine. The PRESIDING OFFICER. The ma- must repeal ObamaCare. Repealing Reading the letter of a civil rights jority whip. ObamaCare means repealing all of the icon? At least to the other side, unac- Mr. CORNYN. Mr. President, I ask taxes that go with it—not part of them, ceptable. unanimous consent that following the not some of them, but all of them. Just last week I heard a friend on the prayer, the Senator from Nevada be ObamaCare increased taxes on hard- other side of the aisle accuse me of en- recognized for such time as he shall working Americans by $1.1 trillion. gaging in a ‘‘tear-jerking performance’’ consume, and then I be recognized. Higher taxes lead to more money being that belonged at the ‘‘Screen Actors The PRESIDING OFFICER. Without taken out of the pockets of hard-work- Guild awards.’’ It was only the second objection, it is so ordered. ing families. Health care costs have in- time that week I had been accused of Mr. CORNYN. Mr. President, I sug- creased to a degree where I have heard fake tears on the floor of the Senate, gest the absence of a quorum. from Nevadans across the State, of all but I didn’t run to the floor to invoke The PRESIDING OFFICER. The ages and backgrounds, all with similar rule XIX. But when my friend from clerk will call the roll. concerns. Massachusetts read a piece of congres- The senior assistant legislative clerk What I wish to do is take a moment sional testimony by Coretta Scott proceeded to call the roll. to read an email that I received just King, she was told to sit down. Mr. CORNYN. Mr. President, I ask last week from a 13-year-old boy who Why was my friend from Massachu- unanimous consent that the order for lives in Las Vegas. He said: setts cut off when these other, much the quorum call be rescinded. I wanted to write an email to express my more explicit, much more direct, much The PRESIDING OFFICER. Without concerns about Obamacare and hopefully nastier attacks were disregarded? objection, it is so ordered. persuade you in making a change. My family used to have health insurance There is a shocking double standard PRAYER here when it comes to speech. Unfortu- until ObamaCare kicked in and forced my Pursuant to rule IV, paragraph 2, the nately, it is not constrained by the family to drop our insurance since it tripled hour of 12 noon having arrived, the the cost and wasn’t affordable. We are get- four walls of this Chamber. ting penalized now for not having insurance. While the Senator from Massachu- Senate having been in continuous ses- setts has my Republican colleagues up sion since Monday, the Senate will sus- Think about that. ObamaCare kicked in arms by simply reciting the words of pend for a prayer by the Senate Chap- their family off their insurance by tri- a civil rights leader, my Republican lain. pling the costs, making it unaffordable, colleagues can hardly summon a note The Chaplain, Dr. Barry C. Black, of- and then ObamaCare penalized that of disapproval for an administration fered the following prayer: family for not having insurance. that insults a Federal judge, tells the Let us pray. Going back to the young boy, he said: news media to ‘‘shut up,’’ offhandedly Eternal Lord God, teach us this day, Since then we have had medical bills piling threatens a legislator’s career, and through all our employments, to see up. This is an issue with a lot of people and You working for the good of those who I don’t know a lot about policies but I do seems to invent new dimensions of know that something needs to change for the falsehood each and every day. love You. Strengthen the hearts of our law- good of the people. I certainly hope that this anti-free I’ve heard President Donald Trump will be speech attitude is not traveling down makers against temptations and make addressing this issue. I just hope you will Pennsylvania Avenue to our great them more than conquerors in Your represent Nevada in favor of getting rid of Chamber, especially when the only love. Lord, deliver them from all dejec- ObamaCare. speech being stifled is speech that Re- tion of spirit and free their hearts to I can assure my constituents back publicans don’t agree with—even give You zealous, active, and cheerful home in Nevada, and especially this speech that is substantive, relevant, on service. May they vigorously perform young man who is advocating for his point to the matter this body is consid- whatever You command, thankfully family, that I am committed to repeal- ering, and appropriate and measured in enduring whatever You have chosen for ing ObamaCare. This young man’s par- tone. them to suffer. Guard their desires so ents had employer-sponsored health I would make a broader point. This is that they will not deviate from the care coverage that took care of their not what America is about, silencing path of integrity. family when they needed medical care. speech, especially in this Chamber. Lord, strengthen them with Your al- And as a result of ObamaCare, the What we do here is debate. We debate mighty arms to do Your will on Earth, costs were too high to afford the health fiercely and forcefully but respectfully. even as it is done in Heaven. insurance they had. The Founders of the Republic and ti- We pray in Your mighty Name. One of the biggest drivers of cost in- tans of the early Senate—Webster, Amen. creases on the middle class is the 40- Clay, and Calhoun—debated until they The PRESIDING OFFICER (Mrs. percent excise tax on employee health were blue in the face. From time to ERNST). The Senator from Nevada. benefits, better known as the Cadillac time, they probably had tough words REPEALING OBAMACARE tax. In Nevada, 1.3 million workers who for one another. We are not afraid of Mr. HELLER. Madam President, I have employer-sponsored health insur- tough words in America. We don’t look want to take a few moments to discuss ance plans will be hit by this Cadillac to censor speech. The rule is only in- an issue, one that is on everybody’s tax. These are public employees in Car- tended to keep Senators on the facts, mind; that is, the status of ObamaCare. son City. These are service industry to keep them from making baseless ac- Congress has taken the first step to re- workers on the Strip in Las Vegas. cusations about another’s character. peal ObamaCare. I was in the House of These are small business owners and My friend from Massachusetts was fol- Representatives when ObamaCare was retirees across the State. lowing the letter and the spirit of the passed into law. I opposed the law five We are talking about reduced bene- rule last night. She was engaging in times while I was in the House before it fits, increased premiums, and higher that tradition of forceful but respectful was passed with zero bipartisan, zero deductibles. When I first started work- debate when she was cut off. That is Republican support and was signed into ing on this issue, I knew the dev- not what the Senate is about. That is law by the President. astating impact this tax would have on not what our dear country is about. I opposed ObamaCare because I Nevadans, but also in order to get any- Every Member on the other side of feared that this law would increase thing done, we needed a bipartisan ef- the aisle ought to realize that what costs, make it harder for patients to fort to reduce this tax and to eliminate they did to Senator WARREN was selec- see a doctor, increase taxes on the mid- it. tive enforcement. It was the most se- dle class, increase taxes on seniors, and I recruited a good friend by the name lective enforcement of a rarely used hurt the economy. of Senator MARTIN HEINRICH from New

VerDate Sep 11 2014 00:18 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.326 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S922 CONGRESSIONAL RECORD — SENATE February 8, 2017 Mexico, and together we were able to ators any conduct or motive unworthy to section 5, which applied only to a gain huge support on both sides of the or unbecoming a Senator.’’ handful of jurisdictions around the aisle. During the highly partisan rec- I certainly agree with the ruling of country. It was based on voting prac- onciliation debate in 2015, where Con- the Chair and the decision of the Sen- tices that existed in the middle 1960s. gress successfully delivered an ate as a body that that line was crossed I would be the first to admit that the ObamaCare repeal bill to President last night. A Senator can’t evade that record of vindicating the rights of mi- Obama’s desk, Senator HEINRICH and I rule by somehow claiming: These nority voters in 1965 was nothing to be pushed our colleagues to include our weren’t my words; I was reading what proud of. We have come a long way in legislation to fully repeal the Cadillac somebody else said. this country, and it has been because of tax as an amendment. Specifically, in the case of our the Voting Rights Act. It has been be- Our amendment passed with over- former colleague, now deceased, Sen- cause of our collective commitment to whelming bipartisan support by a vote ator Ted Kennedy claimed that the the right of every citizen to vote that of 90 to 10. With this nearly unanimous nominee for Attorney General was I believe those statistics which existed vote, we were are able to delay the somehow a disgrace to the Justice De- in the mid-sixties are no longer valid Cadillac tax until 2020. partment and ought to resign. That today. This Congress, Senator HEINRICH and certainly crossed that line. In fact, if you look at many of the ju- I have reintroduced Senate bill 58, the Our colleagues want to point to a let- risdictions covered in the 1960s, includ- Middle Class Health Benefits Repeal ter written by Coretta Scott King. ing places like Alabama, where Sen- Tax Act, which fully repeals this bad That was part but not the whole of the ator SESSIONS is from, they have tax. I hope that my Senate colleagues speech given by the Senator from Mas- records of minority voting that are su- on the other side of the aisle will join sachusetts. I hope that maybe we have perior to jurisdictions that are not cov- Senator HEINRICH on this bipartisan all been chastened a little bit, and ered by section 5. How our colleagues piece of legislation and on this issue to maybe we have all learned a little bit across the aisle can somehow condemn support our bill and get rid of this Cad- of a lesson here. Senator SESSIONS for the Supreme illac tax once and for all. I yearn for the day when the Senate Court’s decision in the Shelby County I know that my colleagues on the and, frankly, the country as a whole case, when he voted for the reauthor- other side of the aisle will have a lot of would pull back from the abyss of re- ization of the entire Voting Rights Act, differing opinions on the Affordable crimination, personal attacks, and we section 2 and section 5, strikes me as Care Act, but one thing we can agree would get back to doing what this in- extremely misleading and unfortunate, on is that the Cadillac tax should be stitution was designed to do—which is but it does seem to characterize the na- fully repealed. to be a great body for deliberation and ture of the debate about this nominee. Now that we have passed an debate—and we would treat each other During his confirmation hearing, I ObamaCare repeal resolution, we will with the civility with which we would said: Well, those who don’t know Sen- move to the next phase of the repeal all want to be treated. ator SESSIONS are interested to learn process. The budget we just passed in- We are at a pretty challenging time his record and his resume, but those of cluded reconciliation instructions for in our Nation’s history, when many us who worked with him—we don’t the Senate Finance Committee and the people who were surprised and dis- need to read his resume. We don’t need HELP Committee to repeal appointed at the last election are un- to hear a recitation of his record. We ObamaCare. willing to accept the results of that know the man. We know what is in his We made a promise to repeal election and the verdict of the Amer- heart. And he is a thoroughly decent ObamaCare, and now it is time to keep ican people. I can only hope that, after and honorable Member of the Senate, that promise. This includes my legisla- the passage of some time, they will re- and he will do an outstanding job, I be- tion to fully repeal the Cadillac tax. turn to their senses, and they will lieve, restoring the reputation of the The goal of health reform should be to agree that no one is well served by this Department of Justice, as one dedi- lower costs for those who already have race to the bottom in terms of decorum cated to the rule of law above all else. health benefits and to expand access to and in terms of rhetoric, in terms of There is always a risk—and this hap- those who do not currently have cov- how we treat one another. The Amer- pens in Democratic administrations, as erage. ObamaCare did not achieve ei- ican people are better served when we well as Republican administrations— ther of those two goals. treat each other with civility and re- when the Attorney General feels like I am committed to ensuring that all spect and when we don’t make personal they are an arm of the White House. Americans have access to high-quality, attacks against Senators because of That is not the job of the Attorney affordable health care. We must start the positions that they take. General. The President has a lawyer, by repealing the Cadillac tax. This debate over the nomination of White House Counsel. The Attorney I thank Senator HEINRICH for his con- Senator JEFF SESSIONS has taken on General is supposed to have some tinued leadership on this issue. I want some rather unusual twists and turns. I measure of independence even though to thank him, and I want to say that want to comment briefly on some of he or she is appointed by the President Senator HEINRICH continues to put his the remarks made by our colleague and serves at the President’s pleasure. constituents above politics. I know from Minnesota about voting rights be- That is why we ask questions of peo- that he shares my commitment to re- cause I think this is exemplary of the ple, like Deputy Attorney General peal this bad tax. way that Senator SESSIONS’ record on Sally Yates: Can you tell the President I also want to thank Congressman voting rights has been misrepresented. no? Well, she said she could. And then KELLY and Congressman COURTNEY for We all know that in 2006—those of us ultimately, unfortunately, in the case their leadership on the House side. I who were here in the Senate, including of the Executive order that was issued know that we are all eager to work to- Senator SESSIONS, including the Demo- by President Trump later on, said— gether to get this bill to the finish line. cratic whip and myself—we all voted to even though this order was vetted by Madam President, I yield to the sen- reauthorize the Voting Rights Act. the Office of Legal Counsel and deter- ior Senator from Texas. That included section 2 and section 5, mined that this was a legal Executive The PRESIDING OFFICER. The ma- which was later struck down. Section 2 order both in content and in form, she jority whip. is the provision of the Voting Rights said: I still disagree with the Presi- Mr. CORNYN. Madam President, last Act that applies to the entire Nation, dent’s Executive order, and I am going night we all witnessed a rather ex- and it authorizes a lawsuit to vindicate to order the Justice Department law- traordinary event. Certainly for the voting rights that are jeopardized by yers not to defend it. first time in my time in the Senate, we some illegal practice. Section 5, which Well, that is the kind of politics that saw rule XIX of the Standing Senate was the subject of the decision by the we need none of in the Department of Rules invoked. That rule says: ‘‘No U.S. Supreme Court in the Shelby Justice. We have plenty of politicians Senator in debate shall, directly or in- County case that was decided in 2013— in this country. We have plenty of poli- directly, by any form of words impute that was directed not at section 2, ticians in the Congress and in the to another Senator or to other Sen- which applies to the entire Nation, but White House. We don’t need another

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After 9/11, the At- somebody who believes that their alle- Washington to find a slower confirma- torney General became more than just giance to the rule of law, irrespective tion timeline for a new administration. a law enforcement officer; he became a of who is involved, whether it is the There is no good excuse for it, particu- counterterrorism official as well, inte- President of the United States or the larly in light of the fact that now, grally tied, with supervision of the least among us—that is what the rule under the Reid precedent, our col- FBI, to our efforts to protect the of law is all about. And that is one rea- leagues across the aisle know that all American people from terrorists who son why I feel so strongly that Senator of these nominees, particularly in the would kill us or our allies. SESSIONS will be an outstanding Attor- case of Senator SESSIONS, will be con- So there is really no good excuse for ney General, because I believe he will firmed. So holding up the nomination delaying the confirmation of Senator restore the Department of Justice to just for delay alone makes no sense at SESSIONS, and I am confident that to- an institution that believes in and en- all. night we will finally do what we should forces the rule of law above politics, Well, some have said holding up Sen- have done at least 3 weeks ago—con- and that is a fundamentally important ator SESSIONS’ nomination is somehow firm Senator SESSIONS as the next At- thing to do. similar to the confirmation process for torney General of the United States. We know Senator SESSIONS, as I said Loretta Lynch, but that really rings And I believe it is past time that we do earlier, brings a lifetime of relevant ex- hollow on examination. Let me remind so. perience to this job: former Federal them what happened when Loretta Madam President, I yield the floor. prosecutor, former U.S. attorney for Lynch was nominated as Attorney The PRESIDING OFFICER. The Sen- the Department of Justice. He said General. At the time, our Democratic ator from Illinois. those were some of the best years of his friends were filibustering a bipartisan Mr. DURBIN. Madam President, I life. bill that later passed 99 to 0. They were would like to respond to the statement I once had a colleague who now filibustering a bipartisan anti-traf- made by the Republican whip, my serves on the Fifth Circuit. When he ficking bill for no good reason. That is friend from Texas, Senator CORNYN. became a U.S. district judge in San An- my view; they may think they had a This is day 20 of the Trump administra- tonio, he was recalling his days as U.S. good reason. I think actually what it tion. Day 20. Not quite 3 weeks since attorney. He said—I still remember had to do with was the Hyde amend- President Trump was sworn in as this after all these many years—he said ment and the longstanding limitation President of the United States. This he never had a prouder moment in his on the use of taxpayer funds for abor- evening at about 7 p.m., we will vote on life than when he appeared in court and tion that had gone back to roughly his nominee for Attorney General. So he said: ‘‘I am here and I am ready on 1976. They wanted to eliminate that re- in the first 20 days of his administra- behalf of the United States of Amer- striction in this anti-trafficking bill, tion, he will have his Attorney Gen- ica.’’ so they refused to consider that legisla- eral. Senator SESSIONS is here, and he is tion, which many of them had cospon- What the Senator from Texas failed ready to serve the American people as sored, to help thousands of victims of to relate was the experience we went Attorney General. And we know from sexual exploitation, slavery, and through not that long ago when Presi- his service at the Department of Jus- human trafficking find a path to heal- dent Obama wanted to fill the vacancy tice, as attorney general of Alabama, ing and restoration. So the majority of the Attorney General’s office with and now for the past 20 years in the leader, in an action that I completely Loretta Lynch, a woman who had Senate, that he is devoted to the rule endorsed, simply said that as soon as served as prosecutor, U.S. attorney, of law and keeping our country safe. So they dropped the filibuster, we would lifelong professional in the Department it has really been sad to see interest move on with the Loretta Lynch nomi- of Justice, who went through the reg- groups vilifying him over and over nation. They did finally, and we proc- ular hearing process in the Judiciary again or people mischaracterizing him, essed her nomination. So in no way Committee, was reported from the as they have on his voting rights were those two situations similar. committee, and she was sent more than record, things that he is not respon- Today, our colleagues across the 20 additional questions by Senator sible for after voting to reauthorize the aisle want to keep a new President JEFF SESSIONS of Alabama—more ques- Voting Rights Act in 2006. He didn’t de- from surrounding himself with the men tions which of course, she dutifully an- cide the Shelby County case. and women he has selected to help run swered, as she was required to do. Then This is a man we have worked with the country. I think if there is one she was reported to the calendar, where for—some for 20 years, people who have thing that should give people more she sat for 2 months. A 2-month va- been here that long with him, and we confidence in the new administration, cancy in the Attorney General’s office. know JEFF SESSIONS to be a man who it is the quality of the men and women Why? Was there something sub- has dedicated his life to public service. he has chosen for his Cabinet, and I stantively wrong or controversial Our colleagues across the aisle have of- would add Vice President PENCE, some- about Loretta Lynch? If there hap- fered him an occasional compliment, body we know here, having served 12 pened to be, I never heard it. like the Democratic leader, who once years in the House of Representatives. Where then was that argument about called him straightforward and fair. So the delay is really for no good rea- national security and leaving the At- The assistant Democratic leader called son at all and will have no achievable torney General nomination in limbo him a man of his word. But now the de- results. They are not going to be able when it was President Obama seeking cision to drag out Cabinet nominations to block the nomination but, rather, to fill that spot? Well, we didn’t hear it as long as possible and to waste valu- just try to score political points. And at all. In fact, the Senator from Texas able time that could be used on other preventing an exemplary nominee from said: Oh, it was related to another bill bipartisan legislation—we know our filling an important national security and whether that bill was going to be Democratic colleagues have chosen to position I believe makes our country called; it was actually Senator Reid slow-walk the process, and I think it is less safe. who was holding it up. a shame, particularly in the case of I will give our colleagues across the From where I was sitting—and I somebody whom we all know so well aisle some credit for allowing the con- came to the floor at one point and said: and who is dedicated to the Depart- firmation of Secretary of Defense What are we waiting for? This lady is ment of Justice and the restoration of James Mattis and Gen. John Kelly at eminently qualified. She has been re- the rule of law. the Department of Homeland Security ported by the committee. She has an- Several of us have talked from time and finally, after a long weekend, Mike swered all the questions. She lan- to time about how the holding up of Pompeo as Director of the CIA. Those guishes on the calendar. these nominees is unprecedented. At are essential components of the Presi- She wasn’t alone in this experience, this point in President Obama’s term, dent’s national security Cabinet, but it incidentally. The Executive Calendar, 21 Cabinet members were confirmed. also includes the Attorney General of as the Obama Presidency ended, was Senator SESSIONS, when we vote on his the United States, someone whose filled with nominees who were held for

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I mean, we just confirmed a lady let people vote on them because we are minorities and particularly African to be Secretary of Education who has hoping and praying we will get a Re- Americans. never spent 1 minute in a public school publican President who can fill those I point directly to that North Caro- classroom, on a school board, teaching, same vacancies with people of our po- lina decision for what I just said. What student, otherwise. There are claims litical persuasion. That was the re- they have tried to do is to systemati- out there about some of these nomi- ality. cally reduce the likelihood that poor nees being involved in insider trading. That was the same reality that left people and minorities will vote. As There are claims out there that some Merrick Garland, President Obama’s chairman of the Judiciary Committee’s of these nominees did not pay their nominee to fill the vacancy on the Su- Subcommittee on the Constitution, taxes. preme Court, languishing for almost 1 Civil Rights, and Human Rights, I held Could you take us back 8 years ago year. The Republicans and the leaders public hearings in Ohio and Florida. and tell us how those folks were treat- in the Senate would not give him a Those hearings were held in those ed, if there was anything wrong with hearing or a vote. And Senator MCCON- States because they had proposed new them when they came to this floor? NELL came to the floor and said: I restrictions on voters. Mr. DURBIN. Through the Chair, I won’t even meet with him. So, both in Cleveland and in Florida, will respond to the Senator from Mon- So when I hear these protests now I brought the election officials—Demo- tana. Here is the difference. Eight from the Republican side of how we are crats and Republicans—before my sub- years ago, when Barrack Obama was not moving quickly enough on these committee, put them under oath and elected President and was to be sworn nominations, we are. And I think we asked: What was the incidence of wide- in on January 20, he brought together are moving in the appropriate way. We spread voter fraud in the elections in his team to serve in his Cabinet and are asking hard questions. your State which led you to make it said to them: The first thing you need And I don’t subscribe to the position more difficult and challenging for the to do is to follow the law. You need to of the Senator from Texas, who pre- people of your State to vote? file all the papers required of you by ceded me here, when it comes to the The answer was: There were none. the ethics standards of the United Voting Rights Act. I listened as Sen- There were no examples of widespread States Government. So, I am told that on January 8, al- ator SESSIONS of Alabama said that he fraud. There were only a handful of most 2 weeks before he was sworn in, believed the Shelby County v. Holder prosecutions for voter fraud. That told their paperwork was on file. So they decision was a victory for the South the story. This didn’t have anything to had complied with the law and they when it ended preclearance of legisla- do with voter fraud. This had to do were awaiting their opportunity for a tion that could have a direct impact on with discouraging turnout in areas hearing. Contrast that with the current the voting rights of individuals. And I that were more friendly to Democratic do recall what happened when the Fed- situation. There are still proposed Cab- candidates, period. So when we make a inet members by President Trump who eral court took a specific look at North big issue of the position of Alabama Carolina’s legislation statutes as it re- have not filed their required ethics dis- Senator JEFF SESSIONS on the Voting lated to voting and said the North closures. Rights Act, it is with good cause. Why is it important? Because we be- Carolina legislature had ‘‘with surgical It is historically an issue which has precision’’ found ways to exclude Afri- lieve that though we can’t reach in and haunted the United States since the require the President to file his income can Americans from voting—not 20 Civil War, when excuses after excuses years ago but just a few months ago, tax returns, which he has steadfastly were made for African Americans seek- refused to do, we know what the stand- before this last election. ing the right to vote, and people were This is a critical issue, and it is in- ards are when it comes to many of denied the right to vote with poll taxes teresting to me that last night the those departments. and literacy tests and ridiculous stand- dustup on the floor involving the Sen- The standards are very demanding. ards to this very day, when the Repub- ator from Massachusetts, Senator There has to be a disclosure and there lican Party strategy is to diminish the WARREN, was about the same issue, the has to be a process of divestment. If I African-American vote by voter sup- Voting Rights Act. am about to become the head of an pression. In a letter sent by Coretta Scott agency and my personal wealth in- Is it important that we know the po- King to Strom Thurmond—then chair- cludes holdings that have a direct im- sition of Senator JEFF SESSIONS on the man of the Senate Judiciary Com- pact on that agency, I am required by Voting Rights Act? To me, it is one of mittee—when Senator SESSIONS, before law to divest myself of those holdings. the most important questions to be he was Senator, was being considered The more complicated my portfolio asked. The fact that it evoked con- for Federal judgeship—this is what and net worth might be, the more chal- troversy on the Senate floor with Sen- Coretta Scott King said in the letter. I lenging this is. ator WARREN last night is an indication Penny Pritzker, a very wealthy indi- am not going to read the personal and of how seriously we take it. Yes, we vidual from Chicago, was chosen by controversial sections that have been have added a few more hours to the de- President Obama to be the Secretary of pointed out before, but it is critical to bate. I disagree with the Senator from Commerce. It took her 6 months, I say what her message happened to be. She Utah and the Senator from Texas who to the Senator from Montana, to fully said to Strom Thurmond in a letter say: You know how it is going to end; comply with the law so she could go about Senator SESSIONS moving to the why are you wasting our time? through the hearing—6 months. Now Federal bench: I don’t think it is a waste of time to we hear complaints from the Repub- Free exercise of voting rights is so funda- have a fulsome debate in the Senate on licans: Well, why aren’t the Trump mental to American democracy that we can- not tolerate any form of infringement of something as fundamental as pro- nominees going through more quickly? those rights. Of all the groups who have been tecting the right of every American Why aren’t our billionaires put on the disenfranchised in our Nation’s history, none citizen to vote. fast-track? has struggled longer or suffered more in the I yield the floor. I am sorry, but Trump billionaires attempt to win the vote than black citizens. The PRESIDING OFFICER. The Sen- are subject to the same rules as all bil- No group has had access to the ballot box de- ator from Montana. lionaires. They have to file the nec- nied so persistently and intently. Mr. TESTER. Mr. President, will the essary documents. I might add, you can It was a critical issue over 30 years Senator from Illinois yield for a ques- go back a little further in history and ago when Mr. SESSIONS was then being tion? find disqualifications for Cabinet posi- considered for a Federal judgeship. It is Mr. DURBIN. I will be happy to yield. tions. Oh, you hired someone in your

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Please Now we have Trump nominees where will be responsible for administering know that we in Montana expect you to up- that is happening—not with frequency, critical resources through the Violence hold our desire for all members of this great but it is happening—and it doesn’t Against Women Act, resources that Nation regardless of race, gender, ethnicity, religious affiliation or sexual orientation, to seem to be even close to a disqualifica- will save lives, but as a Senator, Mr. be treated with respect and dignity. tion. So it clearly is a double standard. SESSIONS has turned his back on the I would say to the Senator from Mon- survivors of domestic violence. I am Charles from Livingston: tana, the fact that the Obama nomi- not confident he will be there for them He voted no on the Violence Against nees moved through as quickly as they as Attorney General. Women Act. did showed they took the law seriously, I will not support a nominee for At- That ‘‘he’’ being Mr. SESSIONS. Mr. they made the disclosures they were torney General who opposed legislation SESSIONS voted no on adding sexual ori- required to make, and in virtually that helps us better investigate and entation to the definition of hate every case had unique qualifications prosecute violent crimes against crimes. He voted yes on loosening re- for the job. women, but that is not all. I am not strictions on cell phone wiretapping. To put Betsy DeVos as Secretary of convinced that Mr. SESSIONS will stand Now, I agree with Anne and Susan Education next to Arne Duncan, who up for the privacy laws of law-abiding and Amy and Jerilyn and Charles and headed up the Chicago Public School Americans. Less than 2 years ago, right thousands of other Montanans. Because System as Secretary of Education, is on this Senate floor, Mr. SESSIONS of that, I will not support Mr. SES- to show that contrast. fought to preserve the most intrusive SIONS, and I will urge my colleagues to Mr. TESTER. I want to thank the aspects of the PATRIOT Act. oppose his nomination. Senator from Illinois for his history That was not the first time he sup- With that, I yield the floor. lesson on the confirmation process over ported unchecked government surveil- The PRESIDING OFFICER. The Sen- the last 8 years, at least in the Senate. lance. Mr. SESSIONS has voted in sup- ator from Wisconsin. I want to speak today on behalf of port of the most intrusive aspects of Ms. BALDWIN. Madam President, I the thousands of Montanans who have the PATRIOT Act seven times—seven rise to urge my colleagues to join me asked me to oppose the nomination of times. in opposing the confirmation of our Mr. SESSIONS as the Attorney General He is a staunch advocate for the colleague JEFF SESSIONS to be Attor- of the United States. As this country’s NSA’s bulk data collection, which vio- ney General of the United States. top law enforcement official, the At- lates the privacy of millions of Ameri- I have great respect for Senator SES- torney General must stand up and fight cans. If Mr. SESSIONS is confirmed as SIONS’ long history of public service, for all Americans. The Attorney Gen- Attorney General, will he push back and I am pleased to have had the op- eral must provide a voice for the folks and fight our government that under- portunity to work with him where we who often are not able to speak for cuts our freedoms? Will he fight on be- have found common ground. However, themselves. half of government officials who listen Senator SESSIONS and I have frequently The Attorney General must enforce into our phone calls, or scroll through and sometimes vehemently disagreed the law as it is written, not how the our emails or preserve our Snapchats? on important issues, including matters President wishes it was written. I be- Will he intervene if the government like civil rights and voting rights, hate lieve Mr. SESSIONS has proven time and once again spies on citizens without a crimes laws, immigration, and crimi- time again that he does not fulfill warrant? I think the answer to that, nal justice reform. these qualifications, and therefore I quite frankly, is no. When government I want to acknowledge that Senator will oppose his nomination for Attor- agencies like the NSA collect bulk SESSIONS’ nomination is supported by ney General. data, they do so at the expense of our many, including many in the law en- Mr. SESSIONS opposed the reauthor- freedoms. If Mr. SESSIONS is not willing forcement community in my home ization of the Violence Against Women to protect our Fourth Amendment State of Wisconsin. It is vital that the Act. This landmark legislation pro- rights, can we expect him to fight for Attorney General have a good working tects women from domestic violence other constitutional rights? relationship with the law enforcement and sexual assault and brings perpetra- Will he fight for the First, the Sec- community, and I have no doubt that tors to justice. In my State of Mon- ond, the Fifth? Again, the answer is no. Senator SESSIONS will be a strong voice tana, this law helped provide over $10 We need an Attorney General who will for law enforcement, if he is confirmed. million every year to support women fight and protect our individual free- But the role and the responsibility of and children. Those are critical re- doms, not one who is willing to sac- our Attorney General is bigger than sources that make a real difference in rifice it. any one group. Our Attorney General the lives of women, children, and their I am not alone. Thousands of Mon- must work on behalf of all Americans. families, and they keep our commu- tanans have contacted my office oppos- The Department of Justice has a broad nities safe. ing Mr. SESSIONS. Here are some of the jurisdiction. So I have also heard from The Violence Against Women Act things Montanans have written to me. over 16,000 Wisconsinites who are op- supports shelters like the Friendship Anne from Missoula wrote me: posed to his confirmation, many of Center in Helena, which is literally Please vote against the nomination of Jeff whom expressed profound concerns saving lives and protecting women and Sessions for Attorney General. He has a his- about what it would mean for racial children from violence every day—in tory of supporting the weakening of our civil and ethnic minorities, immigrants, in- fact, they help over 1,000 Montanans liberties. Voting rights should be strength- cluding DREAMers, and others, were each and every year—or programs like ened, not weakened. His support of the Pa- he to become our Attorney General. triot Act and opposition of the Violence Hundreds of national civil and human Rocky Boy Office of Victims Services, Against Women Act are just a few of the which is in the Rocky Boy Indian Res- many egregious positions that he has taken. rights organizations have expressed their opposition on similar grounds. ervation. Susan from Bigfork: Thanks to the Violence Against After reviewing his record, getting a Women Act, this has helped reduce the Please vote no on Jeff Sessions for Attor- chance to meet with him in my office, ney General. She is an inappropriate choice number of sexual assaults on that res- due to women’s issues and civil liberty and considering everything that I have ervation. If he is confirmed, I would in- issues. He has shown poor choices in pro- heard from my constituents, I simply vite Mr. SESSIONS to Red Lodge, Mis- tecting voting rights and women’s choices. do not believe that Senator SESSIONS is soula or Browning, and the many other Jerilyn from Belgrade: the right choice to be Attorney Gen- places in our State to see how the Vio- Jeff Sessions is completely the wrong per- eral of the United States. I have that lence Against Women Act is saving son to be Attorney General. His record on belief for a number of reasons. lives and making communities safer. I civil rights and women’s issues belong in a First, I am concerned that Senator invite him to sit down with the sur- different century. SESSIONS will not be the independent

VerDate Sep 11 2014 01:11 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.333 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S926 CONGRESSIONAL RECORD — SENATE February 8, 2017 champion for the rule of law that we Senator SESSIONS was one of his cam- Blacks still fall far short of having equal need with Donald Trump in the White paign’s key advisers on immigration participation in the electoral process. Par- House. In any administration, the At- and has been a vocal opponent of bipar- ticularly in the South, efforts continue to be torney General’s first duty is to the tisan, comprehensive reforms that made to deny Blacks access to the polls, even where Blacks constitute the majority of Constitution and to the people of the would address our broken immigration the voters. It has been a long up-hill struggle United States. This President has al- system. to keep alive the vital legislation that pro- ready issued a number of orders—le- The Department of Justice is respon- tects the most fundamental right to vote. A gally questionable orders—including sible for adjudicating immigration person who has exhibited so much hostility one affecting our visa and refugee pro- cases and ensuring fairness and due to the enforcement of those laws, and thus, grams that a number of Federal courts process in the treatment of undocu- to the exercise of those rights by Black peo- have already temporarily blocked. We mented individuals and refugees. ple should not be elevated to the Federal need an Attorney General who will en- The Department also plays a key role bench. sure that the President’s actions do in our national security apparatus, Mrs. King’s words matter. They mat- not run roughshod over protections helping to fight terrorism, and keeping ter to me, and they matter to millions guaranteed by our Nation’s laws and the homeland safe. of Americans. Mrs. King’s words should Constitution. I am not convinced that The President’s recent orders on im- matter in this debate, and they deserve migration have furthered divisions, Senator SESSIONS will be that kind of to be heard. I believe it is simply wrong Attorney General. created chaos and confusion, proven to to silence legitimate questions about a Second, I do not believe that Senator be legally and constitutionally ques- nominee for U.S. Attorney General, SESSIONS will be the champion of the tionable, and are inconsistent with and I hope that her words can be heard civil rights of all Americans that an core American values. In the opinion of as this debate continues. Attorney General must be. The Depart- many national security experts, they Madam President, I suggest the ab- ment of Justice plays a central role in will make our Nation less safe, not sence of a quorum. enforcing our Nation’s civil rights more. The PRESIDING OFFICER. The I simply do not believe that Senator laws, from investigating hate crimes to clerk will call the roll. SESSIONS, with his history of hostility safeguarding the right to vote, to fight- The bill clerk proceeded to call the to immigration and support for this ing discrimination against women, ra- roll. President’s approach, is the right per- cial and religious minorities, and peo- Mr. PORTMAN. Madam President, I son to lead the Department of Justice, ple with disabilities. At a time when ask unanimous consent that the order as it discharges its critical duties on for the quorum call be rescinded. there has been a disturbing increase in immigration and national security. hate-motivated crimes, discrimination, The PRESIDING OFFICER. Without America has made great progress objection, it is so ordered. and harassment, including, particu- over the last 8 years with an adminis- CAREER AND TECHNICAL EDUCATION MONTH larly, against lesbian, gay, bisexual, tration that has taken seriously a Mr. PORTMAN. Madam President, I and transgender people, and people of shared responsibility to pass on to the come to the floor today to talk about the Muslim faith, it is even more im- next generation a country that is more Career and Technical Education portant that the Department of Justice equal, not less. be strong and proactive. All Americans deserve a strong com- Month. The month of February has I have heard from constituents in mitment from America’s top law en- been set aside as Career and Technical Wisconsin who have faced bigotry and forcement official to act on violence Education Month. It is an opportunity hate-motivated speech in the wake of born out of hatred based on race, reli- for us to talk about something that is the election of Donald Trump. Among gion, disability, sexual orientation, working very well in some of our them is a family from Fitchburg, WI, gender identity, or any other char- States and is giving our young people with 11 adopted children, including acteristic. amazing opportunities, and it should be children from Ghana and China. At a time when voting rights and the expanded. This family received an anonymous constitutional right of women to make Over the last 6 years, my home State letter proclaiming ‘‘Trump won’’ and their own health care decisions are of Ohio has come a long way. We have calling them race traitors and telling under attack across our country, we turned a record deficit into a billion- them to go home. This and other re- need an Attorney General who will dollar rainy day fund. We have created ports from Wisconsinites and, frankly, stay true to these constitutional free- lots of new jobs, but we also have a from people throughout the United doms and not be driven by politics. problem in Ohio and around the coun- States breaks our hearts. For me, the vote on Senator SES- try, and that is a skills gap. Senator SESSIONS fought against ef- SIONS’ confirmation is a moral choice. I If you go on the forts to strengthen and make more in- am guided by my strong belief that all www.ohiomeansjobs.com Web site right clusive Federal hate crimes laws and Americans deserve equal opportunity now, I think you will see about 122,000 criticized voting rights laws as ‘‘intru- and freedom to pursue their hopes and jobs being offered. In other words, sive.’’ He has shown hostility to the dreams. I cannot support this nomina- these are companies saying: We are rights of LGBT individuals and at- tion for Senator SESSIONS to be Attor- looking for people. tacked the reproductive health care ney General, and I urge my colleagues At the same time, in Ohio today, we rights of women. to oppose him. have about 280,000 people who are out Now more than ever we need a Jus- Now I would like to take a moment of work. So how could that be, you tice Department that places a priority to discuss what happened last night ask? Well, if you look at the jobs and on enforcing our civil rights and voting here on the Senate floor. Last night, you look at what the descriptions are, rights laws, proactively combatting the Republican leadership of this many are jobs that require skills, and hate violence and fighting for the Chamber stopped one of my colleagues some of these skills are not available equality of all Americans. I am simply from reading the words of Coretta right now in the workforce. So you not convinced that Senator SESSIONS Scott King. could get a lot of people put back to will be the champion vulnerable Amer- Coretta Scott King wrote a letter and work just by developing these skills in icans need as Attorney General with an a statement to the Senate Judiciary Ohio. unflagging commitment to make our Committee back in 1986, expressing her At the same time, this is happening country a fairer and more equal place. opposition to JEFF SESSIONS’ nomina- around the country, and this skills Third, I believe Senator SESSIONS tion to serve as a Federal judge. gap—this mismatch between the skills will not take a fair or humane ap- Coretta Scott King believed, as I do, that are in demand in a local economy proach as Attorney General with re- that the right to vote is a fundamental and the skills of a worker—is some- gard to immigration. I was deeply trou- right afforded to every American. It is thing that can be dealt with with more bled by candidate Trump’s ugly and di- a right that people have lost their lives aggressive career and technical edu- visive rhetoric on immigration, and I seeking and defending. cation. am appalled by the actions that he has Mrs. King wrote in her testimony re- Businesses want to invest more. They taken thus far as President. garding JEFF SESSIONS’ record: want to make better products, but they

VerDate Sep 11 2014 01:11 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.335 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S927 can’t do so if they can’t find the right reer technical education, is an ‘‘impor- she was not doing very well in school. people. tant priority,’’ and she agrees that we She was not hitting her marks, and she By the way, when those skilled work- must do more to give our young people was not very excited about school. ers aren’t available, often those jobs go the job skills they need. Then one day she saw there was an op- somewhere else. So in the case of Ohio, Some people, when they hear about portunity to get into a CTE course in some may go to other States—let’s say CTE, wonder what it is. For some in sports medicine. She applied for it. The Indiana—but some go to other coun- my generation, it is what was called teacher looked at her scores in other tries—say India. vocational education, but I will tell classes and non-CTE classes, and said: I So if you don’t have the skilled work- you that it is not your father’s Olds- will take a chance on you, but I am force, you are not going to be able to mobile. It is really impressive to go to concerned about you because your keep the jobs that we want here in these CTE schools and see what they grades are so low. But she applied. She America because workers are such a are doing and see the changes in the at- said she was embarrassed by those critical part of making a business suc- titudes of the kids and their parents scores. The teacher let her in with the cessful. once they get into these programs. understanding that she would do a bet- The Department of Labor’s Bureau of One of the challenges we have is get- ter job in her other classes. The CTE Labor Statistics says that the typical ting kids to enroll in some of these course gave her a totally new-found unemployed worker today has been un- CTE programs. Sometimes the parents motivation to work hard and get good employed for about 6 months. So we say to their kids: That is not some- grades. have this long-term unemployment thing you should do. You should get on I hear this again and again back again. The skills gap would help deal track to go to college because that is home. These kids from CTE are ex- with that. There are 5.8 million Ameri- the track we were on, and that is the cited. They not only stay in school— cans who are now stuck in part-time track we were told was better. I will they are not dropouts—but they do bet- work who would want full-time work. tell you that is a big mistake. Chang- ter. So we have some challenges in our ing that attitude is really important to In her senior year in high school she economy, and this skills training helping expand CTE because young had a 4.0 after getting into the CTE would really help. people going into these CTE programs program for sports medicine. She is According to a survey from Deloitte, have an incredible opportunity. By the studying at Miami University where 98 of the 100 biggest privately held em- way, many of them do go on to college, she is on track for living out her dream ployers in my hometown of Cincinnati, 2- or 4-year institutions. Many of them of becoming an orthopedic surgeon. OH—98 out of 100—say they are strug- also get a job out of high school, and, That is an example of how CTE really works. gling to find qualified workers. There again, that job is very important to Senator TIM KAINE and I had this in is a shortage of machinists—machine our employers keeping jobs and eco- mind when we started the Senate CTE operators. We are a manufacturing nomic activity here in this country, Caucus. It is a caucus that started with State. There is also a shortage of other but it is also a huge opportunity for just a couple of Members, and now it jobs, IT skills, health care skills. Com- them. has a strong following. Senator TAMMY panies want to hire, but they have a I was at a CTE center a couple of BALDWIN of Wisconsin is among the hard time finding workers with the years ago. We were sitting around the leaders of that caucus, and she is on right skills. table talking to some of the employers the floor today. This caucus not only By the way, it is not just in Cin- who were there supporting the pro- has these conferences that bring people cinnati or in Ohio; it is across the grams, some of the administrators, together to talk about issues, but we country. There was a study done by the and, of course most importantly, some also put together legislation. National Association of Manufacturers of the students who were from three Senator KAINE and I introduced legis- that found that three out of every four local high schools who were all in- lation called Jumpstart Our Businesses manufacturers say the skills gap is volved in this CTE program. Of the by Supporting Students Act, or the hurting their ability to expand and cre- three young people who were there, JOBS Act. We tried hard to get that ate more jobs. So as soon as this new two of them were going off to manufac- acronym, JOBS. We introduced it a Congress and new administration get turing jobs where they were going to be couple weeks ago. It would let low-in- to work, I think there is an oppor- making 50 grand a year plus benefits, come people get Pell grants for job tunity for us to address this. and the third was going into an IT po- training programs. Under current law, One thing we have heard about from sition where, again, she was going to financial aid for programs can be used the administration and also from both have a great opportunity. for courses lasting 15 weeks or more, sides of the aisle here is the need for My question to the students was: but a lot of the licensing programs and more infrastructure. We have all heard Have you gone back to your high the job training programs are less than about the funding for our crumbling school and talked to your friends about 15 weeks. In Ohio a lot of them are 9 roads and bridges, our water systems, this? They all indicated they were weeks. So we think this legislation will our waste water systems. I think that planning to do that because they had a be helpful, giving young people options is all true, but it is going to be tough great experience. They had great op- that they don’t have now to be able to to do it because we don’t have the portunities. By the way, one of them have this funding to be able to give skilled workers to rebuild the infra- was interested in being an engineer. He them opportunities for a better start in structure. I think there is an area of was going to CTE and then going to get their careers, getting them the licens- common ground that if we have skilled a job. He had a job lined up with a com- ing they need, the certificates they workers, we will be much more likely pany he had interned for, but that need, and putting them on the path to to rebuild that infrastructure. same company was willing to send him joining the middle class and the ability We had a conference on this issue a to school to get a degree in engineering to get a job, but also to be able to buy couple of weeks ago in Congress, and over the subsequent years. that car, to be able to buy that home we brought people in from Ohio from All three of them had college credits over time by having this opportunity the building trades. The point they already because in Ohio students are to get skills training. made was: We would love to see this in- allowed to get college credits from CTE Our legislation has been endorsed by frastructure expansion everybody is courses, which makes it more likely education groups like the Association talking about. But who is going to do that they will graduate but also more of Career and Technical Education, the the work? We need more skills train- likely that they will be able to get to National Skills Coalition, the National ing, and we need to make sure that is college and have college be more af- Council for Workforce Education, and there. fordable by getting credits in advance. many other groups. We appreciate Yesterday afternoon we confirmed It is a terrific idea. their help, and we are going to get that the Secretary of Education, Betsy There is a story that I heard about legislation done. DeVos. One reason I voted for Betsy recently of a young woman in Ohio. I hope colleagues from both sides of DeVos is that she talked about skills Her name is Mackenzie Slicker from the aisle can join us to get that legisla- training. Her quote was that CTE, ca- Massilon, OH. She will tell you that tion enacted. It makes so much sense.

VerDate Sep 11 2014 01:11 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.336 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S928 CONGRESSIONAL RECORD — SENATE February 8, 2017 Senator KAINE and I are also plan- With that I yield my time. the land, and he will be a fierce advo- ning to reintroduce another bill called The PRESIDING OFFICER (Mr. cate for the rule of law and defending Educating Tomorrow’s Workforce Act, TILLIS). The Senator from Alaska. the Constitution. which improves the quality of our CTE Mr. SULLIVAN. Mr. President, I rise I wish to spend a few minutes on the programs by setting minimum stand- today to support the nomination of broader issue of what is happening on ards for CTE programs that would en- Senator JEFF SESSIONS for Attorney the Senate floor right now. We are not sure students are able to transfer their General of the United States. He is a getting a lot of press on it, but it is the credits, be able to have their work veteran and an outstanding public unprecedented obstruction that is hap- graded today based on today’s industry servant who has worked tirelessly for pening with regard to President standards, and use equipment that is decades in service of his constituents Trump’s Cabinet. Because of this ob- up to date. So basically it is legisla- in Alabama, in this body, as a U.S. at- struction—unfortunately, by my col- tion—and again I thank Senator BALD- torney, as Attorney General of Ala- leagues—more than 2 weeks into Presi- WIN for her support—to help increase bama. He is a good colleague and a dent Trump’s term, he has fewer Cabi- the quality of CTE education. In some friend to many of us on both sides of net Secretaries confirmed at this point of our States this is working incredibly the aisle. He is gracious with his time, than any other incoming President well. Ohio is one of those cutting-edge his wisdom, his intelligence. since George Washington. That is some States. We have to ensure that the In all nomination processes there is pretty serious obstruction. Nineteen standards are maintained and expanded some twisting of facts that goes on days into his term as President of the everywhere and we continue to support and, unfortunately, even some char- United States, President Obama had 21 reauthorization to strongly support our acter attacks, but the twisting of his Cabinet Members confirmed. Right CTE programs. record and the attacks on Senator SES- now, President Trump has seven. Presi- Just like the JOBS Act, this bill has SIONS, in my view, have been particu- dent Obama had three times the num- been endorsed by a number of edu- larly egregious. That is why I was very bers we now have today. cation experts and groups, and we ap- saddened by what happened on the I believe most Americans—certainly preciate their help, including the Na- floor of the U.S. Senate last night. the Americans I represent, fairminded tional Career Academy Coalition, the One of our colleagues violated rule Alaskans who are desperate to get our National Career Development Associa- XIX. Here is what rule XIX says: ‘‘No country and our economy working tion, National Association of Sec- Senator in debate shall, directly or in- again—don’t like this kind of obstruc- ondary School Principals, and many directly, by any form of words impute tion. They see a new President who more. to another Senator or to other Sen- In Ohio we have some great schools, should be allowed to move forward ators any conduct or motive unworthy whether it is Cleveland, OH—the Max with his Cabinet in place so the Fed- Hayes High School does an awesome or unbecoming a Senator.’’ eral Government can get to work on That is the rule. It has been in place job. I was there for its opening, now behalf of the American people. I think for decades, and I don’t think you need about a year and a half ago, and they Americans are also seeing the reputa- to be a Harvard law professor to realize are doing a terrific job of working with tion of good people who want to serve that rule was violated last night. the building trades, working with pri- their country tarnished for political Mr. President, like you, I have been vate industry, working with the high purposes. in the Senate for a couple of years. I schools in the area, and developing I hope the Members on the other side certainly have tried very hard to work skills that are badly needed in North- of the aisle understand that the Amer- with my colleagues, all my colleagues east Ohio. Ohio also has some great ican people are wise. They see through across the aisle, Democrats, Repub- health care CTE programs. I mentioned all this theater. We need to get to the young woman who found her moti- licans. I have respect for all of them. I work. We need to let the Trump admin- vation getting involved in CTE for have no problem whatsoever with Sen- istration get to work. sports medicine. ators coming down, and in the last This body has a responsibility to Recently I went to Butler Tech to week or so, Senators coming down to treat the confirmation process with the their health care campus, which is the floor of the Senate to debate their same courtesy, seriousness, and focus north of Cincinnati, and what they are views on nominees for Cabinet posi- the Senate gave to President Obama doing there is amazing. You walk in tions, up-or-down votes on the merits when he came into office, and that has and all the kids have on their white and the qualifications of these nomi- not happened right now. It is not hap- medical coats, and whether they are nees. That is what we should be doing. pening right now, and we need to move dental hygienists who are being trained That is our job. We have seen a lot of forward on that. or technologists or students who plan that over the last several weeks. VISIT BY THE PRIME MINISTER OF JAPAN to go to medical school someday or Like the Presiding Officer, in the last Mr. President, we are on the eve those who are interested in getting a couple of years, I supported some of right now of a very important visit of degree in nursing, there are some in- President Obama’s Cabinet officials, a very important ally. Prime Minister credible sites. They have brought in was opposed to others, as is our job, on Abe of Japan will be visiting the outside partners, all from the area, their merits and qualifications. We can United States here in the next day. He who are involved with working with do this in a respectful manner, espe- is going to be visiting with some Mem- them. It is good for our kids but also cially here on the floor of the U.S. Sen- bers of the Senate, visiting with Presi- really good for our community. ate. We can certainly do this in a way dent Trump and his team. Mr. President, if we pass this legisla- that does not violate rule XIX by im- I wish to make a few points on how tion that I am talking about today, if puting conduct and motives unbecom- important this visit is, not only for the we continue to focus on career and ing of a U.S. Senator. More impor- United States-Japan relationship, but technical education as we are supposed tantly, we can do this in a way that is the importance of our allies. We are an to do this month—CTE month, Feb- respectful of each other. For the sake ally-rich nation. When you look around ruary—we are going to help many mil- of the Senate and for the country, I the world, you look at the broad num- lions of our young people to be able to hope we can get back to that tradition ber of allies the United States has, and have better opportunities and, most that is so important to this body. then you look at our adversaries or po- importantly, we are going to be able to Let me try to set the record straight tential adversaries who are ally-poor. help our economy. We are going to help on Senator SESSIONS, the Senator JEFF This is one of the most important stra- create more jobs and more opportuni- SESSIONS I know. I have gotten to tegic advantages the United States has ties in this country, to be able to close know him over the last 2 years. He cer- right now in the world, to keep Ameri- that skills gap, to put people back to tainly has a long, distinguished history cans safe and our allies safe. We are an work. It makes too much sense for us of public service. Nobody in this body ally-rich nation and our adversaries not to come together as Republicans is denying that. Everybody in this body and our potential adversaries are ally- and Democrats alike, and with the new knows Senator SESSIONS well, knows poor. administration, to promote career and that he is a man of integrity, a man of For over 7 years, since the end of technical education. principle. He will support the laws of World War II, both the executive

VerDate Sep 11 2014 01:11 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.338 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S929 branch and this body and the House of As a new Member of the Senate, it is Mr. CONYERS, as well as many other Representatives have worked hard on difficult to understand how reading colleagues because they know this is this to build a system of allies all that letter—I have a copy of that letter an important moment. around the world to keep our country right here—could be a violation of the Just as Loretta Lynch described the safe and our allies safe. Senate rules, but I assume we will all importance of the Office of Attorney In his inaugural address, I was have time to investigate that question. General, we all have to take heed be- pleased to see that President Trump I will say that the result has been a lot cause I think all of us recognize that talked about reinforcing old alliances more people around the country have the story of America, the story of our and forming new ones. That is exactly had an opportunity to read that impor- country has been the story of working what we need to do as the United tant letter from Coretta Scott King. to live up to that original promise. It States of America. In terms of our al- Obviously, we are gathered here as has been a long journey, and there have lies and the importance of different re- we consider the nomination for Attor- been a lot of broken promises along the gions, there is no more important ally ney General. President Thomas Jeffer- way, and it is an unfinished journey. than Japan. There are no more impor- son wrote: ‘‘The most sacred of the du- We know there has been a lot of blood tant foreign policy and national secu- ties of government [is] to do equal and and tears shed in order to try to make rity challenges that exist in the world impartial justice to all its citizens.’’ good on the ideas of equal justice and than what is happening in the Asia-Pa- This is the job of the Department of equal opportunity, of equal rights. We cific with the rise of China and the se- Justice, and I think it is worth review- have come a long way—there is no de- curity and economic challenges but ing the mandate and purpose of the De- nying that—but we also know we have also opportunities in that part of the partment of Justice to determine a long way to go to meet that full world. whether Senator SESSIONS is the right promise. I urge all of my colleagues to warmly person for this special and unique posi- The role of the Justice Department is welcome the Prime Minister of Japan tion in the U.S. Government. to be a fighter for living up to that pur- and his team and to help focus on mak- The Judiciary Act of 1789, the same pose, for living up to that promise, to ing sure that as we move forward with act in which the first Congress created be the champion of the people, to be a new administration, we are working the Federal judiciary, Congress also the defender of those who are too often together with them, we are encour- created the Office of the Attorney Gen- undefended, to be a fighter for those aging them. As the Senate, we are very eral. In years thereafter, Congress em- who do not have an advocate, to be the focused on this issue of deepening our powered the Justice Department to voice for people who do not have high- existing allies and alliances and broad- handle all criminal and civil suits in priced and high-powered lobbyists. ening the opportunities to create more. which the United States has an inter- They need to be the advocate for every- The Senate plays a very important est. The Department is the largest law body, the Attorney General—someone role in this regard. In terms of being office in the world and the chief en- to whom those who are feeling like able to keep American citizens safe, forcer of our Nation’s laws. The Attor- they are getting an unfair shake can there is nothing more important than ney General has to be the people’s law- turn. It has to be a refuge for those making sure we focus on our allies and, yer. Upon taking the office, the Attor- who have been victimized by the pow- in particular, give a warm welcome to ney General swears an oath to ‘‘protect erful, someone who can speak for all of the Prime Minister of Japan this week. Mr. President, I yield the floor. and defend the Constitution of the the American people. The PRESIDING OFFICER. The Sen- United States.’’ More than almost any To fulfill this responsibility, the At- ator from Maryland. other officer of the U.S. Government, it torney General overseas over 114,000 Mr. VAN HOLLEN. Mr. President, I is the job of the Attorney General to employees, 60 agencies, from the Anti- wish to start by responding to my new protect and carry out the Constitu- trust Division, the Office of Privacy colleague. tion’s plan of defending the rights and and Civil Liberties, to the U.S. attor- I respect my colleague. We have privileges of those who most need that neys, and the Office on Violence worked together on many issues, the protection. There is a Latin motto on Against Women Act. Senator from Alaska and I. I think he the seal of the Department of Justice. The Justice Department’s Civil would agree it is very important that It refers to the Attorney General as the Rights Division, created in 1957, works the American people, the public, have a one ‘‘who prosecutes on behalf of jus- to uphold the civil and constitutional thorough review of candidates for a po- tice.’’ In the paneling above the door of rights of all Americans, particularly sition in public office who are going to the anteroom outside of the Attorney the most vulnerable in our society. The have incredible influence over all as- General’s office are inscribed the division is charged with enforcing Fed- pects of their lives. That is why it is so words: ‘‘United States wins its point eral statutes, prohibiting discrimina- important we undertake this process. whenever justice is done its citizens in tion on the basis of race, color, sex, dis- It is a fact that many of the nominees the courts.’’ ability, religion, familial status, and put forward by President Trump had As former Attorney General Loretta national origin. massive conflict-of-interest issues that Lynch said after taking the oath of of- The Justice Department’s Disability need to be resolved. Many of them re- fice, the employees of the Department Rights Section works to achieve equal main unresolved. Many of them are of Justice are ‘‘the ones who make real opportunity for people with disabilities still not proceeding through commit- the promise of justice and redress for by implementing the Americans with tees because either their ethics report all Americans.’’ She said they ‘‘con- Disabilities Act. Forty-nine million information has not been provided yet tinue the core work of our mission— Americans with disabilities rely on the or they haven’t passed other clear- the protection of the American peo- Attorney General to protect their ances. ple.’’ rights. The Justice Department’s Exec- So it is absolutely fitting that we in She said: ‘‘The challenge in that—for utive Office for Immigration Review the Senate do our job to make sure the you, for me, for all of us that love this adjudicates immigration cases by fair- people who are placed in these posi- Department and love the law—is to use ly, expeditiously, and uniformly inter- tions of high office are thoroughly vet- the law to that end. To not just rep- preting and administrating the Na- ted. resent the law and enforce it, but use it tion’s immigration laws. That is their I also wish to take a moment to re- to make real the promise of America, charge. Under the supervision of the spond to the statements regarding my the promise of fairness and equality, of Attorney General, the office conducts good colleague, the Senator from Mas- ‘liberty and justice for all.’’’ immigration court proceedings, appel- sachusetts, ELIZABETH WARREN. I think we all recognize—and I see we late reviews, and administrative hear- Last night she was reading from a have been joined by many of our col- ings that determine the fate of millions letter presented by Coretta Scott King leagues from the other side of the Cap- of people—and we have seen just how at the time of the 1986 hearings on the itol from the House of Representatives. important that is in the last few judicial appointment of Senator SES- It is great to see them here as part of weeks. SIONS. At the time he was a nominee to this historic debate. I see the ranking The Justice Department’s voting sec- fill the vacancy. member of the Judiciary Committee, tion enforces Federal laws that protect

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That is their charge. that he will be that warrior for justice ceived many letters, as have my col- The Justice Department’s Office of that we need in our Attorney General. leagues—from the Leadership Con- Legal Counsel provides legal advice to To the contrary, time and again, ference on Civil and Human Rights. the President and the executive Senator SESSIONS has taken positions The letter reads: branch. They are supposed to give their that vary with those important tradi- In our democracy, the Attorney General is best legal advice and call the balls and tions in our jurisprudence and in our charged with enforcing our Nation’s laws strikes without political shadowing. law and, indeed, are contrary, in many without prejudice and with an eye towards The office reviews for legality all Exec- instances, to the very mission of the justice. And just as important, the Attorney utive orders and proclamations pro- Justice Department. General has to be seen by the public—every posed to be issued by the President of Many years ago, back in 1986, I was member of the public from every commu- nity—as a fair arbiter of justice. the United States. on the floor of this Senate in a very The Justice Department has played a different capacity. At that time, I was They conclude: vital role in advancing the promise of the legislative assistant for national Unfortunately, there is little in Senator America. You just have to look histori- security and defense policy to a Mary- Sessions’ record that demonstrates that he cally to how it was not just a passive land Republican Senator by the name would meet such a standard. actor but made sure they did their job of Mac Mathias—a very independent They say that his 30-year record of to be a fighter for people who were dis- Maryland Republican Senator, a liberal racial insensitivity, bias against immi- enfranchised. Republican and a real statesman. Sen- grants, and hostility to the protection In 1957, in Little Rock, AR, the Jus- ator Mathias was on the Judiciary of civil rights are among the reasons tice Department helped to force the Committee at the time. Strom Thur- that they oppose his nomination. Governor of Arkansas to allow African- mond, the Senator from South Caro- The NAACP reached another and a American children to attend an all- lina, was the chairman. In fact, Mac similar conclusion, strongly urging the White Central High School. That was a Mathias probably should have been the Senate to vote no on JEFF SESSIONS’ Justice Department action under chairman, but because of his inde- nomination for Attorney General. President Eisenhower. pendent streak, the Republican caucus The letter reads, in part: In the years since the Supreme at that time worked really hard to The Justice Department is a crucial en- Court’s 1999 decision in Olmstead v. make sure that Senator Thurmond forcer of civil rights laws and adviser to the L.C., the Justice Department has moved from being chairman of the President and Congress on what can and fought to implement the goal of inte- Armed Services Committee to exercise should be done if those laws are threatened. Given the disregard for issues which protect gration under the Americans with Dis- his seniority on the Senate Judiciary the rights and, in some cases, the lives of our abilities Act to provide people with dis- Committee to become chairman so constituents, there is no way the NAACP can abilities the opportunity to live their that Mac Mathias could not assume be expected to sit by and support Senator lives to their full God-given potential. that position. Sessions’ nomination to support the U.S. De- In 2013, in Atlanta, GA, a Justice De- Senator Mathias was somebody who partment of Justice. partment investigation and prosecu- always looked at the facts and called Another letter from the National tion in response to the beating of a 20- the balls and strikes as he saw them— Task Force to End Sexual and Domes- year-old gay Atlanta man resulted in a good role model for me, a good role tic Violence reads, in part: the first conviction in Georgia under model for everyone. I wasn’t ever The leadership organizations and individ- the sexual orientation provision of the thinking—it was the last thing on my uals advocating on behalf of victims of sex- Matthew Shepard and James Byrd, Jr. mind—of running for office at that ual assault, domestic violence, dating vio- Hate Crimes Prevention Act. time, but as I look back, he was a good lence, and stalking write to express our op- Again, the Justice Department is not role model for a U.S. Senator. position to Senator Jeff Sessions’ nomina- a passive actor, enforcing the laws of As I said, he was on the Senate Judi- tion for Attorney General of the United the United States in order to advance ciary Committee at the time. He was States of America. We have arrived at this equal justice in the United States of on the Senate Judiciary Committee position based upon a review of his record as a State and Federal prosecutor, during which America. during the time of the hearings when he applied the law unevenly, and as a U.S. This is a really important legacy to now Senator SESSIONS, then U.S. At- Senator, during which he supported laws uphold, and the question is, Is Senator torney SESSIONS, was up for his nomi- that would afford only some members of our SESSIONS the right person to uphold nation for a Federal judgeship. Senator society equal protection under the law. that legacy? Mathias listened very carefully to the There is another opinion letter from Senator SESSIONS has represented the testimony. Senator Mathias, I am sure, the Religious Action Center of Reform State of Alabama in the Senate for 20 would have read the letter from Judaism, which has spent a lot of their years. He has served as the ranking Re- Coretta Scott King. He always did his time and energy over decades focused publican member of the Budget Com- homework. He always read everything on civil rights issues. I quote from mittee, among other responsibilities and listened to everybody. After hear- their letter of January 12, 2017: here in the Senate. There may be many ing all of the testimony, Senator Ma- The pursuit of civil rights has been the other positions in the executive branch thias—and, again, the Republicans core of the reform Jewish movement social for which that experience would pro- were the majority in the Senate then, justice work for over 50 years. Guided by the vide an appropriate fit, but the role of as they are today—and Senator Specter fundamental principle that all people are the Attorney General is different. As I from Pennsylvania, another Repub- created equal in the divine image and words have said, this is a sacred duty and lican Member, cast their votes in oppo- of Leviticus, 19:18, love your neighbor as somebody in this position has to have a sition to the nomination of then Attor- yourself, we have worked to pass landmark record not just of an understanding of ney Sessions for a Federal judgeship. legislation that advances fundamental rights the law but a willingness to make sure As I review the materials since that of all people, regardless of race, class, sex, gender identity, sexual orientation, or na- that we implement the law for all the time—since the time that Senator Ma- tional origin. As the chief law enforcement American people. thias cast that vote exercising his inde- officer in the country, the Attorney General I regret that as I examine the history pendence as a Republican Member of has substantial power over the administra- of Senator SESSIONS’ statements and the Senate Judiciary Committee—I tion of these policies. actions, I do not believe that he is well find that we have received very little They go on to write: suited for the position of Attorney assurances that there has been a Senator Sessions’ longstanding record of General. Nothing in his history or change in the desire of Senator SES- insufficient commitment to voting rights, to record indicates that he will be a fight- SIONS to be that advocate—that advo- LGBTQ equality, women’s rights, immigra- er for those who are less powerful and cate—for justice, because all of these tion reform, and religious freedom causes us

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He went on to point out U.S. which we have heard so much about in dent’s nominee to be Attorney General. leadership on advancing the rights of the last couple of days during the de- I would like to discuss something persons with disabilities, particularly bate on the nomination of Mrs. DeVos. that has received a little bit less atten- with the Americans with Disabilities Senator SESSIONS referred to the IDEA, tion regarding Senator SESSIONS’ Act. He pointed out that current U.S. or Individuals with Disabilities Edu- record, and that is what I believe and laws in place in 2012 were already cation Act, as perhaps ‘‘the single most what those who pay close attention to enough to make sure the United States irritating problem for teachers these issues believe has been a poor satisfies its obligations to the inter- throughout America today’’ and ‘‘a big record in support for individuals with national Convention on the Rights of factor in accelerating the decline of ci- disabilities. This is especially impor- Persons with Disabilities. Joining the vility and discipline in classrooms all tant given the debate we had just the treaty, Senator Dole said, would ‘‘reaf- over America.’’ The most irritating other day on the nomination of Mrs. firm the common goals of equality, ac- problem was our national commitment DeVos to be the Secretary of Edu- cess, and inclusion for Americans with to try to make sure that every child— cation, because she indicated in her disabilities—both when those affected every child, regardless of disability— testimony before the HELP Committee are in the United States and outside of had a chance to achieve his or her full that she thought that it was a State our country’s borders.’’ God-given potential. That was appar- obligation, not a Federal obligation, to Senator Dole believed so powerfully ently irritating. enforce the IDEA law—the Individuals in the importance of this treaty that, Senator SESSIONS claimed that ‘‘spe- with Disabilities Education Act. So we as I indicated earlier, he came to the cial treatment for certain children’’ should take a little time to look at the floor of this Senate many, many years created a distraction in the classroom. record of Senator SESSIONS with re- after he served here and hoped that his Special treatment. That is not what spect to the rights of people with dis- presence on the floor of the Senate IDEA is about. The idea of IDEA legis- abilities. would convince his Republican col- lation was to make sure all kids could One such occasion was a big moment leagues—and all his colleagues—to sup- get an appropriate and decent edu- on the floor of this Senate. It is when port that convention. Unfortunately, cation. It wasn’t there to give kids the Senate considered the ratification when the vote came down, it failed in with disabilities some kind of advan- of the Convention on the Rights of Per- getting the higher level of votes nec- tage, just a chance, along with the sons with Disabilities, a treaty that essary for ratification by only 5 votes. other kids. had been negotiated under President One of those votes was that of Senator As to the so-called issue of special George W. Bush and later signed by SESSIONS who, as I indicated, said that treatment, ‘‘special treatment’’ is a President Obama. Although I was serv- this convention on disabilities was concerning trend in many of Senator ing in the House of Representatives at ‘‘dangerous.’’ He rejected an inter- SESSIONS’ statements—not just with the time, I got lots of urgent calls and national treaty that had been signed respect to individuals with disabilities, letters from constituents and friends in and supported by both Republican and but in many other cases. In far too the disability community about the Democratic Presidents, negotiated by many circumstances, he appears to importance of the United States ratify- President Bush and signed by President conflate steps to protect the rights of a ing that convention. But in his re- Obama. It imposed no additional obli- minority or disadvantaged group that marks on the floor of the Senate, Sen- gations on the United States. It just has historically faced persecution or ator SESSIONS not only opposed it, but said that we stand with others in the discrimination as somehow an effort to he called the convention on the rights international community to support give that group an elevated status over of persons with disabilities ‘‘dan- the billions of people around the globe everybody else instead of just an equal gerous.’’ who have a disability. chance with everybody else. The idea There have been few moments on this On that issue, Senator SESSIONS that the IDEA legislation to help kids floor where Senators were more elo- stood against nearly every veterans or- with disabilities get an education in quent about that convention than ganization in our country. He stood school was somehow a big advantage to former Senator and former presidential against a broad coalition of disability them over other kids without disabil- nominee Bob Dole, who appeared on rights groups, including the Alabama ities is a striking and revealing state- the floor at the time, and who is no Disabilities Advocacy Program. He ad- ment, and it is one that carries longer a Senator. He did in committee vanced a theory that somehow U.S. through and on to other circumstances. testify in favor of ratification of the sovereignty would be called into ques- I am concerned that Senator SES- convention that was before the Senate. tion. Yet, as then-Senator Dick Lugar, SIONS fails to recognize that there are He recalled during his testimony his the Republican chairman of the Senate communities in this Nation that truly maiden speech, the very first speech Foreign Relations Committee, pointed have been subjected to discrimination here in the U.S. Senate of Senator out, the United States had already sat- and that are disproportionately af- Dole. His first speech occurred on April isfied its obligations and to make that fected by certain policies and need sus- 14, 1969. It was the anniversary of the clear, the declaration in the resolution tained civil rights protections—not to day he was wounded in World War II. of advice and consent stated simply at give them an elevated status, but sim- He delivered his maiden speech on per- the time: ‘‘The Senate declares that, in ply to give them an even playing field sons with disabilities, about the impor- the view of the reservations to be in- with everybody else. tance of protecting and ensuring the cluded in the instrument of ratifica- It is the job of the Attorney General rights of people with disabilities. He, as tion, current United States law fulfills of the United States to make sure all we know, was disabled in action fight- or exceeds the obligations of the Con- of our citizens are treated equally ing for our country. vention for the United States of Amer- under the law. The notion that some- In his testimony to the committee in ica.’’ how protecting the rights of groups 2012 on the convention, he said: Despite the presence of Senator Dole that have been historically discrimi- It was an exceptional group I joined during on the floor and the support of the nated against is a bad thing and gives World War II, which no one joins by personal chair of the Senate Foreign Relations them an advantage doesn’t conform to choice. It is a group that neither respects Committee, Senator Lugar, Senator the reality of our country. I think we nor discriminates by age, sex, wealth, edu- cation, skin color, religious beliefs, political SESSIONS opposed that. all know that. party, power, or prestige. That group, Ameri- If that were the only incident where This same issue came up with respect cans with disabilities, has grown in size ever Senator SESSIONS failed to uphold the to Senator SESSIONS’ position on the since. So, therefore, has the importance of rights of people with disabilities— Matthew Shepard hate crimes bill. He maintaining access for people with disabil- maybe, maybe, maybe—I am not sure called it a ‘‘special protection’’ for

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He criticized Supreme Court ban on cruel and unusual punishment our country’s representatives can fig- Justice Sonia Sotamayor for her deci- because these are individuals who ure out what . . . is going on.’’ sion that disenfranchising felons vio- could not form a capacity, an intent— He went on to reiterate his plans for lated the Voting Rights Act, saying and that we should not execute people a Muslim ban in a March 2016 CNN that her analysis that the policy had a who did not form that criminal intent, interview and a later speech. What did disproportionate impact on African the mens rea. That was an advance in Senator SESSIONS do at that important Americans was somehow ‘‘a bridge too our Federal jurisprudence, yet that was moment? At that time, Senator SES- far.’’ severely criticized by Senator SES- SIONS was an early supporter of not I am sure that if Mrs. Coretta Scott SIONS. So that statement, along with only Mr. Trump but his call for a Mus- King were here today, she would say his position on IDEA and his opposi- lim ban. Just days after Candidate that we need to continue to travel tion to the convention on peoples with Trump first made his Muslim ban pro- along our journey toward meeting our disabilities raises many, many trou- posal, Senator SESSIONS told Steve promise of equal rights, equal justice, bling questions regarding his willing- Bannon on Breitbart’s radio program: and equal opportunity, and ensuring ness to protect individuals who need We’re in an age that’s very dangerous and justice for groups that have been dis- protection. we’re seeing more and more persons enter. criminated against historically— We also recognize that the Attorney And a lot of them have done terrorist acts whether on racial grounds or on General has to be somebody who is and a lot of them believe it’s commanded by grounds of gender or of on sexual ori- independent, who is willing to stand up their religion. So I think it’s appropriate to entation. That is not somehow to give to a President if a President is calling begin to discuss this [Muslim ban]. them an advantage but to recognize upon the Justice Department to take We all want the greatest security for that they have faced historic discrimi- an unlawful action or an action inap- our country. We all want to make sure nation, and to provide them with a propriate or inconsistent with the in- bad people don’t get here. But I think chance. terests of justice. we also understand as Americans that Just yesterday in Maryland, fol- In 1904, in a letter to the Attorney a religious test violates the principles lowing the efforts of my good friend General, President Theodore Roosevelt of our Nation. and our State attorney general Brian said: Senator LEAHY pointed out at Sen- Frosh, a Maryland court overhauled Of all the officers of the Government, those ator SESSIONS’ confirmation hearing the cash bail system in our State. I of the Department of Justice should be kept that Senator SESSIONS opposed a reso- think all of us who have seen the way most free from any suspicion of improper ac- lution saying the United States should the criminal justice system operates tion on partisan or factional grounds, so not use religious tests for immigration know that far too often cash bail ends there shall be gradually a growth, even into the country, that they were anti- though a slow growth, in the knowledge that up criminalizing poverty. According to thetical to our founding principles. . . . the representatives of the Federal De- Nevertheless, when it was time to be the Pretrial Justice Institute, ‘‘47 per- partment of Justice insist on meting out cent of felony defendants with finan- even-handed justice to all. counted and stand up, Senator SES- SIONS did not do that. cial bonds can’t pay and stay in jail Senator SESSIONS himself made the More recently, we heard President until their case is heard.’’ In other point when he questioned then-nomi- Trump criticize the Washington State words, they simply can’t afford to nee Sally Yates about her responsibil- judge—and I see our leader, my friend make bail, and so they stay in jail, ities in the Justice Department of Senator MURRAY, on the floor. He criti- sometimes for years. Not only is it President Obama. Senator SESSIONS cized the decision of a Federal district costly to hold people for an extended told Ms. Yates: period of time prior to trial, but we judge, and he did it, as we know, in a You have to watch out because people will dismissive way, tweeting that he was a know it has sometimes incentivized be asking you to do things and you need to people—people who were innocent of say no. You think the attorney general has ‘‘so-called judge.’’ That is another mo- the crimes they were charged with—to the responsibility to say ‘‘no’’ to the Presi- ment when—whether you support strike plea deals simply because they dent if he asks for something that’s im- President Trump and his campaign or can’t afford to pay the bail and they proper? A lot of people have defended the you support his actions as President, it can’t afford to spend months or years Lynch nomination, for example, by saying, is a moment when, if you are going to away from their homes or families. ‘‘Well, he appoints somebody who’s is going being the chief law enforcement leader Like many people in organizations, I to execute his views. What’s wrong with in the country, you say: Mr. President, that?’’ But if the views the President wants really, that is not an appropriate thing have looked at Senator SESSIONS to execute are unlawful, should the attorney record with respect to the issue of general or the deputy attorney general say to say. criminal justice reform, and it is lack- no? Senator SESSIONS had another oppor- ing in the need to find a bipartisan so- That was the question posed by Sen- tunity to challenge then-Candidate Trump on an earlier occasion when lution to what is recognized across ator SESSIONS. party lines as an important effort that Ms. Yates answered: Candidate Trump criticized the judge we need to make—criminal justice re- Senator, I believe the attorney general or who made a ruling against him in the form—because we know we have too the deputy attorney general has an obliga- Trump University case and criticized many people who are currently locked tion to follow the law and the Constitution him on the grounds of his heritage. up for nonviolent offenses, including and to give their independent legal advice to That was an opportunity when others many substance abuse offenses. the President. in this country, even people who were It makes no sense within our system That is exactly what she did. That is supporting Candidate Trump, said: You to have the kind of mass incarceration exactly what Deputy Attorney General know what, that is out of line. That is we have seen in our country, where we Yates did just a few days ago when out of bounds. have 5 percent of the world’s popu- President Trump asked her to take an We did not hear from Senator SES- lation but 25 percent of the world’s action which in her opinion was incon- SIONS. Maybe Senator SESSIONS was prison population. There is a bipartisan sistent with the laws of the United being looked at for another executive recognition that justice demands we States. She did what Senator SESSIONS agency where that question was less change that. Unfortunately, I have not asked her to do at that hearing, and important, where maybe it wouldn’t seen that recognition in the record of she was fired. carry so much weight. But for the At- Senator SESSIONS. Let’s look at the record of Senator torney General of the United States, In remarks on the Senate floor in SESSIONS’ willingness to stand up in an we need somebody there who is going 2002, Senator SESSIONS also criticized a independent way to some of the out- to be independent, somebody who is Supreme Court ruling about the execu- rageous statements that have been going to be willing to challenge the tion of people with intellectual disabil- made by President Trump. President of the United States when he

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We bama attorney general and served in reading the words of an African-Amer- shouldn’t even be here talking about it, that role until his election to the U.S. ican woman and a historic civil rights but he keeps talking about it. He Senate. leader, reading the words of someone claims that he really won the popular It is clear to me that Senator SES- who embodies the fight for justice, for vote, that it was these 3 million people SIONS is exceptionally and perhaps freedom, for equality, and for civil who cast fraudulent ballots—zero evi- uniquely qualified to serve as the At- rights in America; someone who all of dence, no evidence, and yet when Sen- torney General for the United States. us should be looking to for lessons in ator FRANKEN asked Senator SESSIONS He served as a line prosecutor and, as these times, not someone whose words about these claims of voter fraud, these U.S. attorney and Alabama attorney should be silenced because she said unsubstantiated claims of massive general, as the chief Federal and State something people may not enjoy hear- voter fraud, Senator SESSIONS didn’t law enforcement authority. He has per- ing. take the opportunity to say: You know sonally handled or managed a wide va- At a moment when we are engaged in what, I support President Trump, but riety of cases—criminal and civil, trial a debate about how best to defend our he is out of line; he is wrong to make and appellate. Senator SESSIONS also fellow citizens from discrimination and these outrageous claims. He didn’t say has extensive experience in the Federal fight back against forces that seek to that. In fact, President Trump at one system and, as a former State attorney demean others in order to gain power, point was talking about having the general, a deep respect for State and I was stunned. I respect the decorum Justice Department or the FBI look local law enforcement and the role of that the Senate strives to maintain, into this very question. States in our Federal system. but there are times when you cannot I am not satisfied at all that Senator There is an attribute even more im- stay silent. This is one of those times. SESSIONS would meet his own test—the portant than experience, in my opin- We will not be silent. test he presented to Sally Yates when ion, and that is integrity. Over the So I want to say that I stand with my she was up for her nomination for Dep- course of his career, Senator SESSIONS friend, the Senator from Massachu- uty Attorney General about whether has demonstrated a deep respect for setts. I stand with the words of the late she would stand up to what she consid- the Constitution and the rule of law, Coretta Scott King, and I stand with ered an unlawful order by the Presi- and ultimately, I believe that is what the many people who have contacted dent of the United States. She did. She is most important in an Attorney Gen- me about this nominee that we are de- was fired. There is no evidence that eral of the United States. bating here today. I can tell you that Senator SESSIONS would stand up under In 1935, the U.S. Supreme Court the day President Trump announced he those circumstances, and we need an wrote this about the role of a U.S. at- had picked Senator JEFF SESSIONS to Attorney General who will stand up for torney, and I think it applies similarly lead the Department of Justice, the the law and for equal justice and for to the Attorney General: phones in my office lit up. People from every American. A federal prosecutor ‘‘is the representative across my home State of Washington I yield the floor. not of an ordinary party to a controversy, contacted my office to express their The PRESIDING OFFICER. The Sen- but of a sovereignty whose obligation to gov- shock, their outrage, and their fear. ator from South Dakota ern impartially is as compelling as its obli- The calls came from people who help Mr. ROUNDS. Mr. President, I rise gation to govern at all and whose interest, LGBTQ youth experiencing homeless- today regarding the upcoming con- therefore, in a criminal prosecution is not ness; groups who have tirelessly advo- firmation on Senator JEFF SESSIONS of that it shall win a case, but that justice be cated for necessary criminal justice re- Alabama to be Attorney General of the done.’’ form; families caught in a broken im- United States. For the past 3 years, I The Supreme Court continued: migration system; civil rights advo- have had the great pleasure of working [A]s such, he is in a peculiar and very defi- cates and community leaders who have with Senator SESSIONS in this body. We nite sense the servant of the law, the twofold fought for decades to create a more served together on both the Senate aim of which is that guilt shall not escape or just society; advocates and nonprofits Armed Services and Environment and innocence suffer. trying to help women escape domestic Public Works Committees. Within I support Senator SESSIONS as Attor- violence. The list goes on. those committees, as well as on other ney General of the United States not That was in November. And in the issues that have come before the Sen- only because his experience makes him weeks and months since the President ate during that same time period, I qualified to serve but more impor- made his choice for Attorney General have found that Senator SESSIONS is tantly because his character makes known, those concerns have not died extremely forthright, hard-working, him qualified to serve. Senator SES- down. In fact, they have only gotten and Senator SESSIONS is honest. He has SIONS will, in the words of the Supreme louder and more urgent as the public served Alabamans and all Americans Court, be a certain ‘‘servant of the gets a better look at Senator SESSIONS’ well during his 20 years in the U.S. law’’ and will make certain that justice long record, what he stands for, and Senate. is done for all Americans. where he wants to take this country. I In addition to serving on the Armed Mr. President, I yield the floor. share their concerns. Services and EPW Committees, he also The PRESIDING OFFICER (Mr. COT- It is why I will oppose Senator SES- serves on the Senate Judiciary and TON). The Senator from Washington. SIONS’ nomination to be Attorney Gen- Budget Committees, all of which ad- Mrs. MURRAY. Mr. President, I eral. I urge my colleagues to join me to dress vital aspects of our Federal sys- stand here today to give a voice to the reject this nomination, and send a mes- tem. thousands of people who have con- sage to the new President about the Senator SESSIONS also had a distin- tacted me in recent weeks urging me to rule of law in this country. Send a mes- guished career before he was elected vote no on this nomination. First, I sage to the new President, who came the U.S. Senator from Alabama. After need to express my frustration and out- into office showing blatant disregard graduating from the University of Ala- rage about what happened here on the for our traditions of transparency, tra- bama with a law degree, Senator SES- floor last night. ditions that tell us the President has a SIONS practiced law in Russellville and In the middle of a debate about the duty to put the needs of the American Mobile, AL. In 1975, he took the oath to next Attorney General—someone people before the needs of his bank ac- defend the Constitution of the United whose job it will be to defend the rights count. Send a message to someone who, States as an assistant U.S. attorney— of all Americans; whose job it is to de- just weeks into his term, has displayed the first step in a long and honorable fend people from discrimination, in- shocking disdain for the U.S. Constitu- career as a prosecutor. In 1981, Senator equity, and unfairness; whose job it is tion and the separation of powers, the

VerDate Sep 11 2014 01:11 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.345 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S934 CONGRESSIONAL RECORD — SENATE February 8, 2017 same President who fired an Acting At- Time and again, he has defended laws illegal and unconstitutional actions torney General because she refused to that favor throwing nonviolent offend- whenever they happen. ignore the law, to approve his hateful ers in jail rather than working to reha- The last thing this country needs and unconstitutional Executive order bilitate them, even though it has been right now is a rubber stamp to validate barring refugees; the same President consistently proven that prison is not a this administration’s illegal actions. who ridiculed a well-respected Federal means of rehabilitation. This nomi- Mr. President, I yield the floor. judge in Seattle, a George W. Bush ap- nee’s views on criminal justice reform The PRESIDING OFFICER. The Sen- pointee, because the judge didn’t rule are so out of the mainstream, his posi- ator from Wyoming. the way he wanted. tion is even at odds with the Koch Mr. ENZI. It is always disturbing to The U.S. Attorney General is often brothers. sit in this Chamber and listen to some the last line of defense for our Con- At the very time our Nation engages of the speeches. I am wondering if even stitution within an administration. in a critically important debate about a saint could get approved without a And they need to be the first to stand ensuring equal treatment under the filibuster in this body. up to our President when our President law, as we continue the struggle to NOMINATION OF TOM PRICE is wrong. make sure equality shines through our Mr. President, I am pleased today to Senator JEFF SESSIONS is not that education system, our justice system, come to the floor in support of another kind of nominee. The people of this our economy, and our country, Senator friend, someone I am honored to have country expect and deserve an Attor- SESSIONS remains dismissive of the worked with for many years, and that ney General who will protect their civil very tools our Justice Department would be Dr. TOM PRICE. When I first and constitutional rights and liberties. must use to move us forward. heard that President Trump nominated They deserve someone committed to When I joined so many of my col- Dr. PRICE to serve as Secretary of the principles of inclusiveness and jus- leagues in the Senate to reauthorize Health and Human Services, I was reas- tice—someone who will fiercely defend and improve the bipartisan Violence sured to know that one of the most ca- the rights of all Americans to be treat- Against Women Act to protect women pable, well-prepared individuals Presi- ed equally under the law. The Amer- across the country, Senator SESSIONS dent Trump could have chosen would ican people need an Attorney General worked against us to tear it apart. As fill such an important post. who continues to make the fight someone who has sat face-to-face with Health care is highly complex, highly against racism, discrimination, and survivors of domestic violence and specialized, and it has a significant im- hate crimes a core part of that Depart- fought to increase protections for those pact on our Nation. Our Federal Gov- ment’s mission. We know Senator SES- dealing with sexual assault, I can see ernment’s involvement in health care SIONS is not the person for that job. has changed dramatically over the last More than 30 years ago, he couldn’t why people would question whether few decades, and that change has accel- even pass muster in a Republican-ma- Senator SESSIONS has any intention of erated in the last few years. Health jority Senate. During his confirmation enforcing the laws that protect them care makes up one-sixth of our econ- hearing, Senators cited his racially because I wonder that myself. omy, and the Department of Health charged comments and his shameful This nominee’s track record of trying and Human Services has a tremendous record on civil rights as a U.S. attor- to undermine women’s constitutionally impact on all parts of all sectors of ney as reasons they could not support protected reproductive rights is horri- health care. Who better than a doctor him. And as my late colleague Ted fying and should, by the way, scare should head an organization that cov- Kennedy said at the time: ‘‘It is incon- every woman in this country. ers the wide variety of major health ceivable to me that a person of this at- I have heard from so many members titude is qualified to be a U.S. attor- of the LGBTQ community who are ter- care programs? Let me mention just a few that a ney, let alone a U.S. Federal judge.’’ rified that Senator SESSIONS would be I ask my colleagues who are inclined tasked with protecting their rights. His doctor should be in charge of. One to support his nomination today, What votes against repealing don’t ask, don’t would be Medicare, another is Med- has changed? I have served alongside tell and expanding hate crimes defini- icaid. And then there is our vast bio- medical research functions at the Na- Senator SESSIONS for years, and I know tions to include LGBTQ Americans his record all too well. And like my confirm those fears. tional Institutes of Health, usually re- constituents who started sounding the This alone has to give my colleagues ferred to as NIH. Then there is our do- alarm back in November, I am deeply pause when so many Americans—our mestic and international public health concerned by his agenda that would friends, our family members, our co- work at the Centers for Disease Con- take our country backward. workers—fear that their government trol and Prevention, or CDC; the re- Senator SESSIONS has dismissed one will look the other way as they endure view of innovative and lifesaving drugs of our bedrock civil rights laws, the violence, discrimination, and and devices at the Food and Drug Ad- Voting Rights Act, as ‘‘intrusive,’’ marginalization just because of who ministration, or FDA; or how about our while pushing restrictive voter ID laws they love or how they live. We must preparedness in the development of and fueling conspiracy theories about fight back with everything we have. medical countermeasures at the Bio- voter fraud. I watched as he refused to When this President attacks the medical Advanced Research and Devel- work with a bipartisan majority of the independence of our judges—judges who opment Authority, or BARDA; and Senate on immigration reform and in- have declared the obvious, that the many other programs impacting the stead pushed extreme policies that Muslim ban Executive order is uncon- Nation’s health that also provide an al- would punish the most vulnerable stitutional—we cannot put the person phabet of initials. members of our communities. And who Steve Bannon calls ‘‘the fiercest, Who better to understand the most that, by the way, included DREAMers most dedicated and most loyal pro- important side of health care, the pa- across the country who have never moter’’ of the President’s agenda at tient, than one who is, at the end of the known another home besides America. the head of the Department of Justice. day, the person that takes care of the His personal passion on that issue and This is not who we are. patient? The patient is the biggest fac- his years of advocacy against common- Senator SESSIONS is not the Attorney tor in all health policies. These policies sense immigration policies cause me General this country needs. I urge are too often put together here in great concern about whether he would members of the Senate to stand up for Washington. Hundreds of bureaucrats use the Department of Justice to pur- the Constitution, to stand with your sit in offices, deciding what patients sue his extreme anti-immigration fellow Americans. The stakes are far ought to have done to them. Sitting agenda. too high to make Senator SESSIONS our here in offices without being doctors, On criminal justice reform, he beat next Attorney General. without having treated patients, I will back efforts from within his own party I urge you to join with me in voting be glad to have someone in charge to address the exploding race of incar- against this nomination. Now more there who, instead, considers what the ceration across this country. The injus- than ever, we need an Attorney Gen- patient wants done. tice of these laws falls disproportion- eral who will be independent and will- In the Senate HELP Committee hear- ately on communities of color. ing to stand up to President Trump’s ing with Dr. PRICE, he spoke about his

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.347 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S935 view on the importance of the patient TOM PRICE’s nomination is something During a scathing speech last year in in health care. He reiterated that again that I believe would have been rel- this same Chamber, the Senator from before the Finance Committee when he atively noncontroversial, even a few Texas went so far as personally attack- said: ‘‘[It is] imperative that we have a years ago. I know that when I voted in ing the Republican majority leader system that’s accessible for every sin- favor of the confirmation of Sylvia MITCH MCCONNELL and accusing him of gle American, that’s affordable for Burwell as the Secretary of Health and lying. In May of last year, the Senator every single American, that Human Services for President Obama’s from Arkansas, also here on the Senate incentivizes and provides the highest Cabinet, I looked at her qualifications, floor, delivered a speech directly criti- quality health care that the world not her politics. cizing former Senate Minority Leader knows and provides choices to patients If we look at Dr. PRICE with the same Harry Reid, using the terms ‘‘vulgar,’’ so they are the ones selecting who is lens, I am hopeful we will see a bipar- ‘‘incoherent,’’ and ‘‘cancerous’’ to de- treating them, when, where, and the tisan vote for this confirmation. The scribe him. like.’’ nomination of TOM PRICE is a great op- He said on the Senate floor: TOM PRICE is an ideal candidate for portunity for our country to benefit I am forced to listen to the bitter, vulgar this role. Not only does he know the from his knowledge, to benefit from his incoherent ramblings of the minority leader. Normally, like every other American, I ig- health care system as a physician, he dedication, to benefit from his lifetime knows it as a policymaker who has nore them. of service, and to benefit from his com- I bring this up because neither of been a thought leader in health care mitment to working with us all to im- here in Congress. His resume is well these Senators were silenced. Neither prove health care in the United States. were told to sit down and take their rounded. He has practiced and taught I yield the floor. medicine, he was a business owner, and seat. Silencing Senator WARREN for I suggest the absence of a quorum. reading Mrs. King’s letter under the he served as a legislator. The PRESIDING OFFICER. The Let me repeat. He has not only prac- guise of following Senate rules is hypo- clerk will call the roll. critical and rightfully leads some to ticed medicine, he has taught medi- The senior assistant legislative clerk cine, and he has been a business owner question whether the majority leader proceeded to call the roll. of a large business that dealt with may have a different standard of ex- Mr. HEINRICH. Mr. President, I ask health care and he served as a legis- pected conduct for female Senators unanimous consent that the order for lator. compared to their male counterparts. His confirmation will also mark the the quorum call be rescinded. I have already announced that I will first time since the George H.W. Bush The PRESIDING OFFICER. Without vote against the nomination of Senator administration that a physician has led objection, it is so ordered. SESSIONS. After this episode last night, this agency. Our health care system is Mr. HEINRICH. Mr. President, in I believe now more than ever this posi- in a significant time of transformation. 1986, Coretta Scott King, the widow of tion will require an unwavering com- Well before ObamaCare, there was a civil rights leader Dr. Martin Luther mitment to protect American’s con- need to make changes that would give King, wrote a letter urging Congress to stitutional rights, and to stand up people more options in health insur- block the nomination of JEFF SESSIONS against discrimination and hate. ance and to find a way to contain for Federal judge. The Senate Judici- Like the thousands of New Mexicans costs. ary Committee would ultimately reject I have heard from, I lack that con- We have even more work to do now that nomination. fidence in Senator SESSIONS. I urge the as patients find themselves with fewer Here we are three decades later. Sen- American people to read and share choices and higher costs. The new Sec- ator SESSIONS, who cannot erase his Coretta Scott King’s letter and con- retary’s role will be a difficult one. In troubling record on civil rights, is tinue to make your own voices heard the last year, our health insurance again undergoing a confirmation hear- because we will not be silenced. We will markets have teetered into unstable ing as President Trump’s nominee for persist. There being no objection, the mate- ground, especially in the individual Attorney General. I would like to read rial was ordered to be printed in the market. Even with absolutely no an excerpt from Mrs. King’s letter, and RECORD, as follows: change in the law, more and more peo- I ask unanimous consent that the let- ple will lose access to health insurance ter in its entirety be printed in the THE MARTIN LUTHER KING, JR. CEN- coverage. RECORD following my remarks. TER FOR NONVIOLENT SOCIAL It has been suggested that the Repub- Mrs. King wrote: CHANGE, INC., Atlanta, Georgia, March 19, 1986. licans should just let the current sys- I write to express my sincere opposition to Re Nomination of Jefferson B. Sessions U.S. tem keep going for another year or so the confirmation of Jefferson B. Sessions as Judge, Southern District of Alabama until the Democrats would be begging a federal district court judge for the South- Hearing, March 13, 1986 ern District of Alabama. My professional and us to make changes, but we are not Hon. STROM THURMOND, personal roots in Alabama are deep and last- going to do that. We are not going to Chairman, Committee on the Judiciary have those people go through that kind ing. Anyone who has used the power of his office as United States Attorney to intimi- U.S. Senate, Washington, DC. DEAR SENATOR THURMOND: I write to ex- of suffering, even though there is a risk date and chill the free exercise of the ballot to it. We are not going to sit and wait press my sincere opposition to the confirma- by citizens should not be elevated to our tion of Jefferson B. Sessions as a federal dis- for the system to crash. We will be courts. Mr. Sessions has used the awesome working in Congress to repeal trict court judge for the Southern District of powers of his office in a shabby attempt to Alabama. My professional and personal roots ObamaCare and reform our health care intimidate and frighten elderly black voters. in Alabama are deep and lasting. Anyone system by putting the patient first. For this reprehensible conduct, he should who has used the power of his office as It will be critical to have a partner in not be rewarded with a federal judgeship. United States Attorney to intimidate and the administration to make changes I do sincerely urge you to oppose the con- chill the free exercise of the ballot by citi- and implement the law in a way that firmation of Mr. Sessions. zens should not be elevated to our courts. reflects the intent of Congress and pro- When Senator ELIZABETH WARREN Mr. Sessions has used the awesome powers of vides for full, open, and transparent tried to read this exact same letter last his office in a shabby attempt to intimidate input from the public. I understand night here on the Senate floor, Repub- and frighten elderly black voters. For this licans voted to silence her, citing that reprehensible conduct, he should not be re- that some of my Democratic colleagues warded with a federal judgeship. have decided that being a Republican is she was in violation of Senate rules I regret that a long-standing commitment a disqualifying characteristic for any aimed at preventing Senators from im- prevents me from appearing in person to tes- Cabinet Secretary. It is all too easy to pugning the motives of their col- tify against this nominee. However, I have resort to vilification of our political leagues. attached a copy of my statement opposing opponents, but I will just point out the The move by some of my colleagues Mr. Sessions’ confirmation and I request words of David Lloyd George, who is to silence the words of Senator WAR- that my statement as well as this letter be made a part of the hearing record. not a conservative, who said: ‘‘A politi- REN and Mrs. King last night is trou- I do sincerely urge you to oppose the con- cian is a person with whose politics bling not only because this is a threat firmation of Mr. Sessions. you don’t agree; if you agree with him, to our democratic values, but also, Sincerely, he is a statesman.’’ frankly, because it is hypocritical. CORETTA SCOTT KING.

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STATEMENT OF CORETTA SCOTT KING ON THE ago with clubs and cattle prods. Twenty view, I believe, raises serious questions NOMINATION OF JEFFERSON BEAUREGARD years ago, when we marched from Selma to about his commitment to the protection of SESSIONS FOR THE UNITED STATES DISTRICT Montgomery, the fear of voting was real, as the voting rights of all American citizens COURT SOUTHERN DISTRICT OF ALABAMA the broken bones and bloody heads in Selma and consequently his fair and unbiased judg- SENATE JUDICIARY COMMITTEE, THURSDAY, and Marion bore witness. As my husband ment regarding this fundamental right. MARCH 13, 1986 wrote at the time, ‘‘it was not just a sick When the circumstances and facts sur- imagination that conjured up the vision of a rounding the indictments of Al Turner, his MR. CHAIRMAN AND MEMBERS OF THE COM- public official, sworn to uphold the law, who wife, Evelyn, and Spencer Hogue are ana- MITTEE: Thank you for allowing me this op- forced an inhuman march upon hundreds of portunity to express my strong opposition to lyzed, it becomes clear that the motivation Negro children; who ordered the Rev. James the nomination of Jefferson Sessions for a was political, and the result frightening—the Bevel to be chained to his sickbed; who federal district judgeship for the Southern wide-scale chill of the exercise of the ballot clubbed a Negro woman registrant, and who District of Alabama. My longstanding com- for blacks, who suffered so much to receive callously inflicted repeated brutalities and mitment which I shared with my husband, that right in the first place. Therefore, it is indignities upon nonviolent Negroes peace- Martin, to protect and enhance the rights of my strongly-held view that the appointment fully petitioning for their constitutional of Jefferson Sessions to the federal bench Black Americans, rights which include equal right to vote.’’ access to the democratic process, compels would irreparably damage the work of my Free exercise of voting rights is so funda- husband, Al Turner, and countless others me to testify today. mental to American democracy that we can Civil rights leaders, including my husband who risked their lives and freedom over the not tolerate any form of infringement of past twenty years to ensure equal participa- and Albert Turner, have fought long and those rights. Of all the groups who have been hard to achieve free and unfettered access to tion in our democratic system. disenfranchised in our nation’s history, none The exercise of the franchise is an essen- the ballot box. Mr. Sessions has used the has struggled longer or suffered more in the tial means by which our citizens ensure that awesome power of his office to chill the free attempt to win the vote than Black citizens. those who are governing will be responsible. exercise of the vote by black citizens in the No group has had access to the ballot box de- My husband called it the number one civil district he now seeks to serve as a federal nied so persistently and intently. Over the right. The denial of access to the ballot box judge. This simply cannot be allowed to hap- past century, a broad array of schemes have ultimately results in the denial of other fun- pen. Mr. Sessions’ conduct as U.S. Attorney, been used in attempts to block the Black damental rights. For, it is only when the from his politically-motivated voting fraud vote. The range of techniques developed with poor and disadvantaged are empowered that prosecutions to his indifference toward the purpose of repressing black voting rights they are able to participate actively in the criminal violations of civil rights laws, indi- run the gamut from the straightforward ap- solutions to their own problems. cates that he lacks the temperament, fair- plication of brutality against black citizens We still have a long way to go before we ness and judgment to be a federal judge. who tried to vote to such legalized frauds as can say that minorities no longer need be The Voting Rights Act was, and still is, vi- ‘‘grandfather clause’’ exclusions and rigged concerned about discrimination at the polls. tally important to the future of democracy literacy tests. Blacks, Hispanics, Native Americans and in the United States. I was privileged to join The actions taken by Mr. Sessions in re- Asian Americans are grossly underrep- Martin and many others during the Selma to gard to the 1984 voting fraud prosecutions resented at every level of government in Montgomery march for voting rights in 1965. represent just one more technique used to in- America. If we are going to make our time- Martin was particularly impressed by the de- timidate Black voters and thus deny them less dream of justice through democracy a termination to get the franchise of blacks in this most precious franchise. The investiga- reality, we must take every possible step to Selma and neighboring Perry County. As he tions into the absentee voting process were ensure that the spirit and intent of the Vot- wrote, ‘‘Certainly no community in the his- conducted only in the Black Belt counties ing Rights Act of 1965 and the Fifteenth tory of the Negro struggle has responded where blacks had finally achieved political Amendment of the Constitution is honored. with the enthusiasm of Selma and her neigh- power in the local government. Whites had The federal courts hold a unique position boring town of Marion. Where Birmingham been using the absentee process to their ad- in our constitutional system, ensuring that depended largely upon students and unem- vantage for years, without incident. Then, minorities and other citizens without polit- ployed adults [to participate in non-violent when Blacks; realizing its strength, began to ical power have a forum in which to vindi- protest of the denial of the franchise], Selma use it with success, criminal investigations cate their rights. Because of this unique role, has involved fully 10 per cent of the Negro were begun. it is essential that the people selected to be population in active demonstrations, and at In these investigations, Mr. Sessions, as federal judges respect the basic tenets of our least half the Negro population of Marion U.S. Attorney, exhibited an eagerness to legal system: respect for individual rights was arrested on one day.’’ Martin was refer- bring to trial and convict three leaders of and a commitment to equal justice for all. ring of course to a group that included the the Perry County Civic League including Al- The integrity of the Courts, and thus the defendants recently prosecuted for assisting bert Turner despite evidence clearly dem- rights they protect, can only be maintained elderly and illiterate blacks to exercise that onstrating their innocence of any wrong- if citizens feel confident that those selected franchise. In fact, Martin anticipated from doing. Furthermore, in initiating the case, as federal judges will be able to judge with the depth of their commitment twenty years Mr. Sessions ignored allegations of similar fairness others holding differing views. ago, that a united political organization behavior by whites, choosing instead to chill I do not believe Jefferson Sessions pos- would remain in Perry County long after the the exercise of the franchise by blacks by his sesses the requisite judgment, competence, other marchers had left. This organization, misguided investigation. In fact, Mr. Ses- and sensitivity to the rights guaranteed by the Perry County Civic League, started by sions sought to punish older black civil the federal civil rights laws to qualify for ap- Mr. Turner, Mr. Hogue, and others, as Martin rights activists, advisors and colleagues of pointment to the federal district court. predicted, continued ‘‘to direct the drive for my husband, who had been key figures in the Based on his record, I believe his confirma- votes and other rights.’’ In the years since civil rights movement in the 1960’s. These tion would have a devastating effect on not the Voting Rights Act was passed, Black were persons who, realizing the potential of only the judicial system in Alabama, but Americans in Marion, Selma and elsewhere the absentee vote among Blacks, had learned also on the progress we have made every- have made important strides in their strug- to use the process within the bounds of legal- where toward fulfilling my husband’s dream gle to participate actively in the electoral ity and had taught others to do the same. that he envisioned over twenty years ago. I process. The number of Blacks registered to The only sin they committed was being too therefore urge the Senate Judiciary Com- vote in key Southern states has doubled successful in gaining votes. mittee to deny his confirmation. since 1965. This would not have been possible The scope and character of the investiga- I thank you for allowing me to share my without the Voting Rights Act. tions conducted by Mr. Sessions also warrant views. However, Blacks still fall far short of hav- grave concern. Witnesses were selectively Mr. HEINRICH. I suggest the absence ing equal participation in the electoral proc- chosen in accordance with the favorability of ess. Particularly in the South, efforts con- their testimony to the government’s case. of a quorum. tinue to be made to deny Blacks access to Also, the prosecution illegally withheld from The PRESIDING OFFICER. The the polls, even where Blacks constitute the the defense critical statements made by wit- clerk will call the roll. majority of the voters. It has been a long up- nesses. Witnesses who did testify were pres- The senior assistant legislative clerk hill struggle to keep alive the vital legisla- sured and intimidated into submitting the proceeded to call the roll. tion that protects the most fundamental ‘‘correct’’ testimony. Many elderly blacks Mr. MARKEY. Mr. President, I ask right to vote. A person who has exhibited so were visited multiple times by the FBI who unanimous consent that the order for much hostility to the enforcement of those then hauled them over 180 miles by bus to a the quorum call be rescinded. laws, and thus, to the exercise of those rights grand jury in Mobile when they could more The PRESIDING OFFICER. Without by Black people should not be elevated to easily have testified at a grand jury twenty objection, it is so ordered. the federal bench. miles away in Selma. These voters, and oth- Mr. MARKEY. Mr. President, I have The irony of Mr. Sessions’ nomination is ers, have announced they are now never that, if confirmed, he will be given life ten- going to vote again. heard from literally thousands of my ure for doing with a federal prosecution what I urge you to consider carefully Mr. Ses- constituents who have contacted my the local sheriffs accomplished twenty years sions’ conduct in these matters. Such a re- office in unprecedented numbers with

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.085 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S937 fears about a Justice Department head- As for a woman’s right to choose, but the people of Massachusetts and all ed by Senator JEFF SESSIONS as Attor- Senator SESSIONS has said: ‘‘I firmly people of good conscience will never be ney General of the United States. believe that Roe v. Wade and its de- silenced when confronted with our My constituents and Americans all scendants represent one of the worst, moral responsibility to speak out. across the country are concerned about colossally erroneous Supreme Court Senator WARREN deserves an apology the independence and integrity of the decisions of all time.’’ At his confirma- for being silenced when she attempted Justice Department under President tion hearing, Senator FEINSTEIN to share this very relevant, very power- Donald Trump. pressed him on his statement, asking ful part of our national history last We are only 3 weeks into the Trump him whether it was still his view. ‘‘It night. The American people deserve to administration, and what we have seen is,’’ Senator SESSIONS replied. hear the important words of Coretta so far has been alarming. We have 3 It is simply unimaginable that we Scott King. So here they are: years and 49 weeks left to go in Presi- would have an Attorney General of the Dear Senator Thurmond: dent Trump’s term of office, and we United States holding such a view of I write to express my sincere opposition to have already seen in 3 weeks President Roe v. Wade and the rights of women the confirmation of Jefferson B. Sessions as Trump issue an illegal and immoral to control their own reproductive a federal district court judge for the South- ban on Muslim refugees. We then saw health. Roe v. Wade is the law of the ern District of Alabama. My professional and President Trump fire Acting Attorney land, and it should remain that way personal roots in Alabama are deep and last- General Sally Yates from her job over- ing. Anyone who has used the power of his forever. office as United States Attorney to intimi- seeing the Department of Justice—an Mr. President, I would also like to date and chill the free exercise of the ballot action reminiscent of Watergate’s infa- address the actions last night by the by citizens should not be elevated to our mous ‘‘Saturday Night Massacre’’—be- Senate majority leader to silence the courts. Mr. Sessions has used the awesome cause she refused to defend in court his remarks of my colleague from Massa- powers of his office in a shabby attempt to unconstitutional and un-American Ex- chusetts, Senator ELIZABETH WARREN. intimidate and frighten elderly black voters. ecutive order. Coretta Scott King was attending the For this reprehensible conduct, he should Sally Yates’s job and the job of the New England Conservatory of Music in not be rewarded with a federal judgeship. entire Justice Department is to uphold Boston when she met a divinity doc- I regret that a long-standing commitment prevents me from appearing in person to tes- the rule of law. The Attorney General toral student at Boston University in tify against this nominee. However, I have of the United States is the lawyer for 1952, in Boston. One year later, Coretta attached a copy of my statement opposing the people of the United States—not Scott married Dr. Martin Luther King, Mr. Sessions’ confirmation and I request Donald Trump’s personal lawyer. It is Jr., as they took their degrees from that my statement as well as this letter be called the rule of law, not the rule of Boston to begin a cause found in the made a part of the hearing record. Trump, but it is the rule of law that is South that became a national and I do sincerely urge you to oppose the con- at stake when the nomination of Sen- international movement. firmation of Mr. Sessions. Sincerely, Coretta Scott King ator SESSIONS is in question to run the The two shared their life, a cause Department of Justice. that would change the world. The Coretta Scott King was right in the I have told my constituents that Sen- voices and legacy of Coretta Scott King 1960s. Coretta Scott King was right in ator SESSIONS must be judged based on and Dr. Martin Luther King, Jr., are as 1986. Coretta Scott King is right today. the totality of his record: as a U.S. at- much a part of Massachusetts history Based on the totality of Senator SES- torney, as Alabama’s attorney general, as the American Revolution, John SIONS’ record, I have no confidence that and as U.S. Senator. Adams, and President John Kennedy. he shares a commitment to justice for A review of that record, including 2 What Senator WARREN was doing last all Americans. I do not believe he will days of hearings before the Senate Ju- night was standing up for equal justice fight to defend the most vulnerable in diciary Committee, demonstrates any- the way Massachusetts has always our society. I do not believe he will thing but the commitment to the equal stood up for equal justice, the way Sen- stand up to President Trump when the and impartial administration of justice ator Ted Kennedy stood up for equal time comes, as it surely will come. and an independence from the Presi- justice. We have a deep and proud his- The great Robert F. Kennedy, a U.S. dent that we must demand from the tory in Massachusetts of fighting for Attorney General himself, once said Nation’s top law enforcement officer. what is right. The abolitionist move- ‘‘that every community gets the kind Senator SESSIONS’ record spanning ment was born in Massachusetts. of law enforcement it insists on.’’ decades in public office reflects hos- In past generations, when young We must insist that our top law en- tility to important constitutional women wanted the right to vote, a forcement officer upholds the law for rights, hostility to laws intended to group of committed activists in Massa- all Americans. I do not have assurance protect people of color, hostility to chusetts formed the Suffragette move- that Senator SESSIONS will meet that laws intended to protect women, hos- ment, and they changed the U.S. Con- challenge. tility to laws intended to protect the stitution so women can vote. I will be voting no on Senator SES- LGBTQ community, and hostility to When young people in Massachusetts SIONS’ nomination this evening, and I laws intended to protect immigrants were upset with the voting rights laws urge all of my colleagues to do like- against discrimination and violence. for minorities in America’s southern wise. Senator SESSIONS has fought against States, they became the Freedom Rid- Mr. President, I yield the floor. civil rights efforts. He has fought ers, and they changed the laws of the Mr. LEAHY. Mr. President, yester- against protecting voting rights, and United States. day I spoke at length about my fear as a U.S. attorney, SESSIONS tried to I make these remarks from the desk that Senator SESSIONS’ would not have prosecute three civil rights workers once held by Massachusetts Senator the ability to act as an independent At- who were helping elderly and disabled Edward Brooke. Senator Brooke was torney General. The Attorney General African-American voters to cast absen- the first African American elected to is not the President’s lawyer. He or she tee ballots. the Senate. He was a Republican. He is the chief law enforcement officer of During his 1986 judicial nomination was also a civil rights activist, and he the United States. And he or she must hearing, he called the Voting Rights also received his law degree at Boston faithfully serve all Americans. Even if Act ‘‘an intrusive piece of legislation.’’ University, in Massachusetts. Senator SESSIONS could demonstrate And in his testimony to the Judiciary From the Founding Fathers to the independence from President Trump, Committee, Senator SESSIONS would movement for universal health care, to my review of his extensive record not commit to continue the Justice De- the first same-sex wedding in the leaves me unconvinced that he is capa- partment’s efforts to challenge restric- United States, and to the Senate floor ble of serving and protecting all Ameri- tive State voter ID laws. Senator SES- last night, Massachusetts has always cans. SIONS has fought against comprehen- been at the heart of America’s quest In 1986, Senator Ted Kennedy called sive immigration reform, against for equal justice. JEFF SESSIONS a ‘‘throwback’’ because criminal justice reform, and against Leader MCCONNELL used an arcane of his conduct on civil rights issues. I commonsense gun control measures. Senate rule to silence Senator WARREN, regret to say that, since the Judiciary

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.352 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S938 CONGRESSIONAL RECORD — SENATE February 8, 2017 Committee’s bipartisan rejection of South Carolina Statehouse grounds. quote it in the first place—and why did Senator SESSIONS’ nomination to be a She said, ‘‘[I]t should never have been it take him three tries to acknowledge district court judge in 1986, Senator there’’ and that she ‘‘couldn’t look my the error? SESSIONS has not allayed our concerns. children in the face and justify it stay- Senator SESSIONS also opposed the In his 20 years in the Senate, he has ing there.’’ When Senator SESSIONS was 2013 Leahy-Crapo Violence Against not shown a commitment to protecting asked about this and other efforts to Women Reauthorization Act, which the most vulnerable in our commu- remove the Confederate flag from pub- overwhelmingly passed the Senate with nities. Time and again, when the rights lic buildings, he argued that such ef- support from a majority of Republican of women, LGBT individuals, and forts ‘‘seek to delegitimize the fabu- Senators. During his hearing, and disenfranchised communities have been lous accomplishments of our country.’’ again in written questions, Senator debated here in the Senate, Senator It can come as no surprise that the SESSIONS refused to commit to defend SESSIONS has not sought to protect civil rights community is concerned by this important law’s constitutionality. their civil and human rights. Too his nomination. He said only that he ‘‘will carefully often, he has been the one standing in But I will speak to my own experi- study’’ it to discern whether it is ‘‘rea- the way. ences with Senator SESSIONS’ views on sonably defensible.’’ His refusal to That is why National Nurses United civil rights laws. In 2009, Senator SES- voice support for VAWA is all the more has written to me to express their op- SIONS opposed expanding hate crime troubling in light of reports that the position to Senator SESSIONS. They protections to women and LGBT indi- Heritage Foundation’s budget blue- wrote: ‘‘We provide the best care we viduals, groups that have historically print, which is reportedly being relied possibly can, without regard to race, been targeted based merely on who on by the new administration, calls for gender, national origin, religion, socio they are. He stated, ‘‘I am not sure eliminating all VAWA grants. I asked economic circumstances, or other iden- women or people with different sexual Senator SESSIONS to commit to stand tifying characteristic. That is what orientations face that kind of discrimi- up for victims and preserve these crit- caring professionals do. Unfortunately, nation. I just don’t see it.’’ Thankfully, ical programs. Again, he refused. that is not what Jeff Sessions has done a bipartisan majority of Senators saw Amita Swadhin, who appeared before in his role as a public servant.’’ I ask it, and the Matthew Shepard and the Judiciary Committee and bravely unanimous consent that their full let- James Byrd, Jr. Hate Crimes Preven- shared her story of being raped as a ter be printed in the RECORD at the tion Act is now law. These protections child, explained why this issue is so im- conclusion of my remarks. That is why are needed now more than ever. Ac- portant: ‘‘We need an Attorney General my friend JOHN LEWIS testified before cording to recent FBI statistics, LGBT who will continue the progress we have the Judiciary Committee in opposition individuals are more likely to be tar- made since the initial passage of to Senator SESSIONS. Congressman geted for hate crimes than any other VAWA, someone committed to improv- LEWIS stated that, ‘‘When faced with a minority group in the country. ing and enforcing our laws to ensure challenge, Senator Sessions has fre- Judy Shepard, Matthew’s mother, the most vulnerable victims of crime quently chosen to stand on the wrong wrote a letter last month opposing can come forward to seek account- side of history.’’ Senate Republicans Senator SESSIONS’ nomination. She was ability and to access healing.’’ This law should be listening to these concerns concerned not just by Senator SES- and these grants are a matter of life and those of protesters in our streets SIONS’ opposition to the law that bears and death to many people across the and airports standing up for our Con- her son’s name, but by how Senator country. We need an Attorney General stitution. We should not subject those SESSIONS viewed such hate crimes. She who understands that. The National concerns to a gag rule. wrote: Task Force to End Sexual and Domes- Yet Senator SESSIONS and his sup- ‘‘Senator SESSIONS strongly opposed the tic Violence, which has never before porters have painted a different picture hate crimes bill—characterizing hate crimes taken a position on an Attorney Gen- of his record. They have argued that he as mere ‘thought crimes.’ Unfortunately, eral nomination, wrote to the Judici- has a strong record on civil rights. So Senator SESSIONS believes that hate crimps ary Committee because they do not be- I asked Senator SESSIONS in written are, what he describes as, mere ‘thought lieve Senator SESSIONS understands crimes.’ that. The letter states: questions to identify areas in which ra- ‘‘My son was not killed by ’thoughts’ or be- cial inequalities persist. He could have cause his murderers said hateful things. My ‘‘Senator SESSIONS’ senate record of stren- talked about sentencing or about areas son was brutally beaten with the butt of a uous objection to protections for historically where the Civil Rights Division has .357 magnum pistol, tied him to a fence, and marginalized populations, coupled with his found patterns and practices of police left him to die in freezing temperatures be- record of selective prosecutions, dem- onstrate his unwillingness to protect departments violating people’s rights cause he was gay. Senator SESSIONS’ re- peated efforts to diminish the life-changing marginalized victims’ access to justice and or about the kind of voter suppression disqualify him from holding the position of efforts that an appeals court found acts of violence covered by the Hate Crimes Prevention Act horrified me then, as a par- Attorney General of the United States, a po- ‘‘target[ed] African Americans with al- ent who knows the true cost of hate, and it sition charged with the responsibility of se- most surgical precision.’’ Senator SES- terrifies me today to see that this same per- curing justice for all.’’ SIONS did not identify a single example son is now being nominated as the country’s I ask unanimous consent that this of racial inequality in modern Amer- highest authority to represent justice and letter be printed in the RECORD at the ica. That is astonishing. No one can up- equal protection under the law for all Ameri- conclusion of my remarks. hold the rights of all Americans if he is cans.’’ Senator SESSIONS and his supporters unwilling to pay attention when those But that was not all. Senator SES- have tried to minimize his opposition rights are being violated. SIONS also said that ‘‘the hate crimes to the Leahy-Crapo VAWA bill by Some have suggested that Senator amendment . . . has been said to pointing out that he did vote in com- SESSIONS’ record on civil rights has cheapen the civil rights movement.’’ I mittee for the Republican substitute been criticized unfairly and he is held asked him about this comment and amendment. Let me explain what that to a different standard because he is a whether he still felt that way at his amendment would have done. It would conservative from the South. I dis- hearing, but he did not respond to the have cut authorization levels by 40 per- agree. When the Judiciary Committee question. I asked him a second time, in cent, hampering efforts to prevent vio- rejected Senator SESSIONS’ district a written follow-up, what he meant by lence and provide services to victims in court nomination in 1986, one of the that comment. He replied that ‘‘Those need. It would have removed all provi- votes against him came from Senator were not my words,’’ but again did not sions intended to ensure that victims Heflin, who was a conservative from explain what he had meant by that re- can receive services, regardless of sex- Alabama. Moreover, I and most other mark. So I asked him a third time. The ual orientation and gender identity. It Democrats just voted to confirm as third time, he finally conceded. He would have removed important provi- U.N. Ambassador another conservative wrote to me that ‘‘it is not correct to sions to let tribal justice systems reach Southerner: Nikki Haley. In 2015, then- say it cheapens our commitment to the many criminal and civil cases that Governor Haley made the decision to civil rights.’’ If it is not correct to say fell through the cracks. That amend- remove the Confederate flag from the that, then why did Senator SESSIONS ment would have gutted core elements

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.088 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S939 of the VAWA reauthorization that go of the way he spoke about students Gaffney, who the Southern Poverty to the heart of what VAWA does. A with disabilities. He once argued that Law Center has repeatedly called ‘‘ex- vote for that amendment hardly dem- mainstreaming causes a ‘‘decline in ci- tremists’’ who run hate groups, for onstrates a commitment to victims. vility and discipline in classrooms all calling President Obama a traitor, it is Another issue that concerns me is over America.’’ As with my hate fair to ask whether he will have the criminal justice reform. For years, I crimes amendment and VAWA, the courage to stand up to the President of have worked with a bipartisan group of problem is not just that Senator SES- the United States, as Sally Yates did. Senators to reduce mandatory min- SIONS has opposed protections for the The Attorney General is charged imum sentences for drug offenses. most vulnerable, it is also the language with enforcing the laws that protect all These sentences have created perverse that he uses when opposing them, Americans. No one can fulfill that obli- disparities within our justice system. which denigrate those the laws seek to gation who is not clear-eyed about the Racial minorities still receive nearly 80 protect. That is why a group of 18 dis- threats facing the most vulnerable in percent of them. Our bipartisan effort ability rights organizations have writ- our communities. We need an Attorney has had the strong support of the Jus- ten to Senate leadership expressing General who will aggressively confront tice Department and many others in their strong opposition to Senator SES- those who appeal to hate and fear. I do law enforcement, but not Senator SES- SIONS’ nomination. not believe that person is Senator SES- SIONS. In recent years, no one in the Senator SESSIONS has also dem- SIONS. The Senate and the Judiciary Senate has fought harder against even onstrated a shockingly brazen attitude Committee have heard from a mul- modest sentencing reform than he has. when I asked him about the offensive titude of civil rights, civil liberties, I am also concerned about Senator rhetoric used by some of his political and domestic violence organizations, as SESSIONS’ commitment to ongoing civil associates. I asked him whether he well as nurses and numerous faith lead- rights litigation. I asked whether he would condemn certain remarks by ers, who oppose this nomination. This would maintain the Justice Depart- David Horowitz, Frank Gaffney, and ment’s position in certain important Senator stands with them. others. Senator SESSIONS received There being no objection, the mate- cases. He would not commit to main- awards from these individuals. He regu- rial was ordered to be printed in the taining the Department’s position, larly attended their conferences. He RECORD, as follows: even in voting rights cases where has given media statements in support NATIONAL NURSES UNITED, courts have already found that certain of their organizations and the views voter ID laws are discriminatory. Washington, DC, February 7, 2017. they put forth. Yet, when Senator SES- Hon. PATRICK J. LEAHY, Senator SESSIONS would not commit SIONS was directly asked to respond to U.S. Senate, to even maintaining cases that are al- some of their statements, he effec- Washington, DC. ready at the Supreme Court. Last tively shrugged his shoulders. These in- DEAR SENATOR LEAHY: We write on behalf month, the Supreme Court heard oral cluded comments: referring to Muslims of the more than 150,000 registered nurse argument in Endrew F. v. Douglas as ‘‘Islamic Nazis’’ who ‘‘want to kill members of National Nurses United to urge County School District. The Justice you to vote against the confirmation of Sen- Jews, that’s their agenda’’; alleging Department filed an amicus brief in ator Jeff Sessions, President-elect Donald that President Obama ‘‘is an anti- support of the petitioner, arguing that Trump’s nominee for Attorney General. American radical and I’m actually sure the Individuals with Disabilities Edu- Much has been said by many others against he’s a Muslim, he certainly isn’t a confirmation of this nominee, so we will be cation Act requires states to provide Christian. . . . He’s a pretend Christian brief. more than de minimis educational ben- in the same way he’s a pretend Amer- Our members work as bedside healthcare efits and in fact ‘‘give eligible children ican’’; alleging that two Muslims mem- professionals in almost every state in the na- with disabilities an opportunity to bers of Congress have ‘‘longstanding tion. We work in every hospital setting, from make significant educational small rural facilities to large urban public Muslim Brotherhood ties’’; arguing progress.’’ Even though it would be ex- health systems, in prominent research hos- traordinary for the Justice Department that a Muslim member of Congress pitals affiliated with prestigious public and to take a new position after oral argu- should not be allowed to serve on the private universities, as well as Veterans Af- ment has already been heard, Senator House Intelligence Committee because fairs hospitals and clinics. We care for Amer- of his ‘‘extensive personal and political icans on every point of the demographic SESSIONS would not commit to main- associations with . . . jihadist infra- spectrum, at their most vulnerable. We pro- taining the Department’s position in vide the best care we possibly can, without this case. structure in America’’; claiming that married women by definition cannot be regard to race, gender, national origin, reli- I pointed to a lawsuit the Justice De- gion, socio economic circumstances, or other partment filed last year in Georgia al- raped by their husbands; calling for identifying characteristic. That is what car- leging that Georgia’s treatment of stu- ‘‘railroad cars full of illegals going ing professionals do. Unfortunately, that is dents with disabilities violated the south; and calling President Obama a not what Jeff Sessions has done in his role as Americans with Disabilities Act. In traitor. a public servant. And to vote in favor of con- this lawsuit, the Justice Department Senator SESSIONS responded that he firming him as the chief law enforcement of- noted that some of the facilities used does not hold those views. That is fair ficer of the United States would abdicate your responsibility to provide the oversight by students with disabilities ‘‘are lo- enough. But he did not explain why he chose to associate with such individ- necessary to ensure that basic legal rights cated in poor-quality buildings that are enforced evenhandedly and for the pro- formerly served as schools for black uals. When someone accuses President tection of all people. students during de jure segregation.’’ I Obama of treason, it is not at all As Senate colleagues, you no doubt know asked Senator SESSIONS whether he enough to say, ‘‘I do not hold that Senator Sessions’ record as a lawmaker, as would continue to pursue this case, and view.’’ That is why, last month, Mus- well as his record as the U.S. Attorney for bring others like it where States are in lim advocates and 36 other civil rights the Southern District of Alabama and as the violation of the ADA. He refused to organizations, including the Leader- Alabama Attorney General. It was, of course, his record in the U.S. Attorney’s office and commit to continuing this case. The ship Conference on Civic and Human Rights and the NAACP, wrote a letter his many publically verified racially insensi- ADA also contains a waiver of State tive comments that resulted in a majority of sovereign immunity, which is a critical to the Senate Judiciary Committee ex- the Senate Judiciary Committee voting tool for enforcing that landmark law. pressing strong concern that ‘‘Senator against confirmation for his nomination to Twice during the Bush administration, SESSIONS has closely aligned with anti- be a U.S. District Court judge in 1986. This the Justice Department argued, and Muslim hate groups, accepted their ‘no’ vote happened while the Judiciary Com- the Supreme Court agreed, that the awards and accolades, and publicly mittee was majority Republican. Even Sen- waiver was a valid exercise of Congres- praised their leadership. Senator SES- ator Howell Heflin, a fellow Alabamian, sional power under section V of the SIONS’ appointment will only embolden voted against him, citing ‘‘reasonable these groups and activists and serve to doubts’’ over whether he could be ‘‘fair and 14th Amendment, but Senator SESSIONS impartial.’’ would not commit to defending the further fan the flames of anti-Muslim Senator Sessions has oft asserted that his constitutionality of that provision. bigotry already burning in this coun- comments over the years were taken out of Senator SESSIONS’ record on dis- try.’’ If Senator SESSIONS cannot con- context, or intended as humor. But his ability rights is also of concern because demn David Horowitz and Frank record tells the truth. Early in his career he

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.089 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S940 CONGRESSIONAL RECORD — SENATE February 8, 2017 charged civil right leaders (‘‘the Marion publically called the Voting Rights Act ‘‘in- ported laws that would afford only some Three’’) with voting fraud related to their ef- trusive,’’ and has insisted that its proactive members of our society equal protection of forts to assist African American voters. The protections of racial minorities were no the law. The role of Attorney General re- fact that the defendants in that case were longer necessary. This is especially dis- quires a demonstrated commitment to pro- acquitted didn’t deter Mr. Sessions. Later, as turbing as Senator Sessions voiced public viding equal protection under the law—par- Attorney General of Alabama, he initiated support for voter-ID laws, while his home ticularly to people who face discrimination another voter fraud investigation involving state recently tried to close over thirty DMV because of their race, religion, gender, gen- absentee ballots cast by black voters that, offices, many in majority-black areas, short- der identity, sexual orientation, disability or again, resulted in findings of no wrong doing. ly after instituting strict voter-ID require- other identities. We respectfully submit that During that same timeframe, he was criti- ments. We are reminded of the words of Senator Sessions’ record speaks for itself and cized for declining to investigate church Coretta Scott King in her letter opposing that his history of differential application of burnings, and he ‘‘joked’’ that he thought Ku Jeff Sessions’ nomination to the federal dis- the law carries with it the potential to harm Klux Klan members were ‘‘OK, until [he] trict court in 1986: ‘‘The irony of Mr. Ses- victims and survivors of gender-based vio- learned that they smoked marijuana.’’ sions’ nomination is that, if confirmed, he lence, particularly survivors from histori- Against that background, Senator Sessions will be given a life tenure for doing with a cally marginalized communities. Thirty aggressively interrogated Justice Sonia federal prosecution what the local sheriffs years ago, this Committee rejected Senator Sotomayor, the Court’s first nominee of accomplished twenty years ago with clubs Sessions’ nomination to the federal bench Latino heritage. Further betraying a deep and cattle prods.’’ due to well-justified concerns regarding his belief in natural division between racial We will not attempt to address all the posi- problematic record on civil rights and trou- groups, he grilled Justice Sotomayor about tions Senator Sessions has taken that are bling history of making racially insensitive whether she could be fair to white Ameri- out of step with the reality of the difficult statements. These aforementioned concerns, cans, despite her 17-year record as a jurist times we are in, but as nurses we must in- combined with his equally troubling com- and having received the American Bar Asso- clude our grave concern that as Attorney ments on the nature of sexual assault and ciation’s highest rating. And he expressed General he would not be vigilant in enforcing other concerns raised below, make Senator grave concerns that she would engage in ju- environmental protections. In a July 2012 Sessions an unqualified choice to serve as dicial ‘‘empathy’’ on the high court, favoring Senate hearing on climate science, Senator U.S. Attorney General. persons of certain races or ethnicities over Sessions dismissed the concerns about global The position of Attorney General of the others. He then voted against her confirma- warming expressed by 98% of climate sci- United States of America, created by the Ju- tion. entists, and asserted that this is ‘‘[a] danger diciary Act of 1789, bears the responsibility Senator Sessions’ prejudices are not only that is not as great as it seems.’’ These posi- of representing the United States in all legal against people of color. As an organization tions are frightening. Climate change is a matters in which the country has an inter- representing a predominately female profes- public health issue that cannot be over- est. Chief among those interests is the af- sion we are compelled to express our outrage stated. As nurses we have been seeing for fording of equal protection under our crimi- that Senator Sessions defended Donald some time increases in the frequency and se- nal, civil and civil rights laws to all mem- Trump’s statements about grabbing women verity of respiratory diseases such as asth- bers of our society. Under 28 U.S.C. § 503, the by the genitals, by saying that such conduct ma, bronchitis, and emphysema, as well as President’s appointment of an Attorney Gen- would not constitute sexual assault. The fact an increase in cancers and aggravation of eral must be with the ‘‘advice and consent of that he took a different position during his cardiovascular illness. The effects of air pol- the Senate.’’ The process ensures that the Committee hearing is of no comfort. It only lution are particularly acute in pediatric pa- person holding the post of Attorney General shows that he will say whatever he believes tients. They have higher respiratory rates is one fit for such duty, a person with the in- will help land him in the seat of power to de- than adults, and consequently higher expo- tellectual, moral and steadfast ethical ca- termine whether, and against whom, to en- sure. Our elderly patients are also especially pacity to uphold the laws and interests of force our laws. His comments last fall dis- vulnerable. Respiratory symptoms as com- the United States and to apply the laws missing President-elect Trump’s despicable mon as coughing can cause arrhythmias, equally to all members of society. treatment of women is consistent with his heart attacks, and other serious health im- FAILURE TO SPEAK UP FOR VICTIMS OF vote in 2013 against the Violence Against pacts in geriatric patients. As global warm- VIOLENCE AND DISCRIMINATION Women Act. As nurses, we see close up the ing progresses, we are seeing sharp increases A threshold qualification for the position devastating effects of domestic violence in heat stroke and dehydration, both of of Attorney General is a deep understanding against our patients, and we are disturbed by which are sometimes fatal. of the laws s/he is sworn to uphold. Of crit- Senator Sessions’ alleged concern that the In our disaster relief work through our ical relevance are Senator Sessions’ recent protection of that statute should not extend Registered Nurse Response Network, we have comments on the nature of sexual assault in to victims of violence on tribal lands. been called upon to assist the victims of Hur- response to the release of a 2005 video in Moreover, confirming Senator Sessions to ricane Katrina and Super Storm Sandy— which President-Elect Donald Trump de- the job of the top prosecutor would exacer- events that many scientists believe would scribes grabbing women’s genitalia without bate our national crisis over race issues in not have been of the magnitude they were if their consent. When asked whether he would policing and our criminal justice system. He not for rising temperature. characterize the behavior described by Presi- personally blocked the Sentencing Reform Current and future generations cannot af- dent-elect Trump as sexual assault, Senator and Corrections Act, a bipartisan effort ford to have a fox minding the hen house on Sessions responded, ‘‘I don’t characterize spearheaded by Sens. CHARLES GRASSLEY (R– the important issues of civil and criminal that as sexual assault. I think that’s a Iowa), MIKE LEE (R–Utah), and JOHN CORNYN protections under the control of the Attor- stretch. I don’t know what he meant—.’’ Fed- (R–Texas), and Speaker of the House PAUL ney General. We urge you to set aside your eral statutes enacted prior to Senator Ses- RYAN (R–Wis.). The fact that law enforce- personal loyalty to Senator Sessions and sions’ tenure as U.S. Attorney for the South- ment leadership throughout the nation sup- evaluate honestly his record and fitness for ern District of Alabama criminalize ‘‘abusive ported the reform effort made no difference this critically important job. We urge you to sexual conduct.’’ The applicable definition to Senator Sessions. And unfortunately, his vote against his confirmation. for conduct prohibited by 18 U.S.C. § 2244 is actions as U.S. Attorney for the Southern Sincerely, clearly stated: ‘‘the intentional touching, ei- District of Alabama only further illustrate DEBORAH BURGER, RN, ther directly or through the clothing, of the his indifference to this crisis. For example, Co-President, National Nurses United. genitalia, anus, groin, breast, inner thigh, or drug convictions made up 40 percent of his JEAN ROSS, RN, buttocks of any person with an intent to cases when he served in that position—twice Co-President, National Nurses United. abuse, humiliate, harass, degrade, or arouse the rate of other federal prosecutors in Ala- or gratify the sexual desire of any person.’’ bama. NATIONAL TASK FORCE TO END SEX- Thus, the Senator is either unaware that Despite the current trend of focusing re- UAL & DOMESTIC VIOLENCE abusive sexual contact is illegal under fed- sources on violent crime, and away from out- DEAR MEMBER OF THE JUDICIARY COM- eral law, or he feigned ignorance of the laws dated drug war policies, Senator Sessions MITTEE: We, the steering committee of the he was sworn to uphold as an officer of the continues to oppose any attempts to legalize National Task Force to End Sexual and Do- court for the sake of political expedience. marijuana and any reduction in drug sen- mestic Violence (NTF), a coalition of na- The Department of Justice has the exclu- tences. As Attorney General, he could direct tional, tribal, state, and local leadership or- sive authority to enforce the United States’ federal prosecutors throughout the country ganizations and individuals advocating on criminal statutes, including 18 U.S.C. § 2244. to pursue the harshest penalties possible for behalf of victims of sexual assault, domestic The Department of Justice also has exclusive even low-level drug offenses, a step that violence, dating violence and stalking, write jurisdiction over the prosecution of domestic would further exacerbate our national record to express our opposition to Senator Jeff and sexual violence in the District of Colum- of incarcerating non-violent offenders—the Sessions’ nomination for Attorney General bia, most sexual assaults perpetrated in In- vast majority of whom could be successfully of the United States of America. We have ar- dian Country, and concurrent jurisdiction treated, at far lower cost to society, with ap- rived at this position based upon a review of over domestic violence offenses committed propriate healthcare treatment. his record as a state and federal prosecutor, in Indian Country. Any candidate for Attor- Nor should Senator Sessions be trusted to during which he applied the law unevenly, ney General of the United States, particu- ensure equal access to voting rights. He has and as a U.S. Senator, during which he sup- larly a former U.S. Attorney, should possess

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.095 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S941 a thorough understanding of the legal defini- fair, even and unbiased application of the Sessions’ record sends the message to tion of sexual assault under federal law and law. Victims and survivors come from all ra- marginalized survivors that their experi- under the laws of the jurisdictions in which cial or ethnic backgrounds, faith practices, ences will not be understood, nor will their the Office of the U.S. Attorney has prosecu- sexual orientations, and gender identities: rights be protected, if he is confirmed as the torial responsibility. The National Task 33.5% of multiracial women have been raped, Attorney General. Force has worked collectively for decades to as have 27% of American Indian and Alaska OPPOSITION TO THE VIOLENCE AGAINST WOMEN ensure that legal definitions in the U.S. Code Native women, 15% of Hispanic, 22% of ACT and under state and local laws make it abso- Black, and 19% of White women. Addition- lutely clear that sexual assault is a crime. ally, 53.8% of multiracial women and 39.3% We are also concerned that the nominee The job of the Attorney General is to enforce of multiracial men experience intimate part- voted against the Violence Against Women the law without fear or favor. Thus, we ex- ner physical violence, intimate partner sex- Act (VAWA) Reauthorization of 2013. Sev- pect the Attorney General to enforce federal ual violence and/or intimate partner stalk- enty-eight out of one hundred senators sup- laws addressing sexual assault without intro- ing in their lifetimes, as do 46.0% of Amer- ported the bipartisan bill; Senator Sessions ducing nonexistent ambiguity, because of ican Indian and Alaska Native women, 45.3% was in the distinct minority. The 2013 Act the perpetrator’s identity. Senator Sessions’ of American Indian and Alaska Native men, addresses the gaps in law that were uncov- cavalier statement about sexual assault 19.6% of Asian and Pacific Islander women ered through outreach to and surveys of pro- leaves us fearful that he will not vigorously (data for Asian and Pacific Islander men is grams and service providers and domestic prosecute sexual assault crimes, a practice not available), 43.7% of Black women, 38.6% and sexual violence victims themselves. unbefitting of the nation’s chief law enforce- of Black men, 37.1% of Hispanic women, Our analysis revealed that many survivors ment officer. 26.6% of Hispanic men, 34.6% of White women were not able to access services and justice Additionally, Senator Sessions’ poor his- to the extent they needed. Of particular tory with respect to fighting for fairness and and 28.2% of White men. We know firsthand that many survivors from vulnerable popu- note, we found that LGBT survivors often equity has us justifiably concerned that he lacked access to justice and support based on will not step in to vindicate the rights of lations hesitate to contact law enforcement or do not trust the court system to address their gender identity or their sexual orienta- survivors of campus sexual assault and other tion. We also learned of the deplorable lack victims of discrimination. The Justice De- their victimization because they fear, based on prior experience, that any justice system of access to justice faced by survivors of do- partment has jurisdiction to enforce a myr- mestic violence and sexual assault on tribal iad of civil rights statutes, including Title response may not help them. We expect any- one who serves as Attorney General to cre- lands. VAWA 2013 included provisions that VI of the Civil Rights Act of 1964 and Title removed one of many barriers that prevent IX of the Education Amendments of 1972. ate a Justice Department accessible to all; access to justice for American Indian and These statutes bar discrimination in edu- the 5th and 14th Amendments of the U.S. Alaska Native domestic violence survivors. cation based on race, color and national ori- Constitution demand no less. The 2013 statute’s provisions expand and en- gin and sex (respectively) by educational in- Senator Sessions’ well-documented pros- sure that immigrant survivors can access stitutions that receive federal funding. On ecutorial record, as U.S. Attorney for the college and university campuses alone, we Southern District of Alabama and as Attor- VAWA protections, allowing survivors to know that 20 percent of women are victim- ney General for the State of Alabama, dem- come out of the shadows, help hold batterers ized by sexual assault. Absent an Attorney onstrate his propensity to inequitably apply and abusers accountable, and enable law en- General’s commitment to ensuring that edu- the law to the disadvantage of historically forcement to protect community safety. cational institutions root out bias and vio- marginalized populations. Senator Sessions’ VAWA 2013’s goal of ensuring equal protec- lence and hold perpetrators accountable, vic- history leads us to question whether he will tion of the law was rejected by Senator Ses- tims of discrimination, harassment or vio- vigorously seek to ensure that all victims sions, who cast the bill’s advancements to- lence based on sex, race and/or national ori- and survivors of gender-based violence, par- ward inclusion and equal protection as polit- gin will be unable to pursue their education ticularly vulnerable populations and those at ical maneuvering and, in that light, voted in an atmosphere of educational equity. the margins of society, have access to vitally against the bill. The Attorney General is Teachers surveyed since the election have needed services and legal protections. tasked with ensuring that VAWA’s protec- tion and programs are available and acces- described thousands of incidents of ‘‘bigotry SENATOR SESSIONS’ OPPOSITION TO PROTEC- sible to all. Senator Sessions’ opposition to and harassment,’’ stemming from incidents TIONS FOR THE IMMIGRANT AND LGBT COMMU- involving ‘‘racist, xenophobic or the VAWA protections and his prosecutorial NITIES misogynistic comments,’’ and/or ‘‘derogatory record leave us gravely concerned that he language directed at students of color, Mus- We are concerned that the positions that would not vigorously or consistently apply lims, immigrants, and people based on gen- Senator Sessions has taken on immigration these protections. and LGBT individuals pose grave threats to der or sexual orientation.’’ It is imperative CONCLUSION that the person nominated to the position of vulnerable victims of gender-based violence. Attorney General possess a demonstrated His consistent support of immigration poli- The 14th Amendment provides the inalien- record of work and support for these im- cies that increase the barriers to safety for able right that every person receive equal pacted communities, including people of undocumented victims of sexual and domes- protection under the law. Senator Sessions’ color, immigrants, Muslims and religious tic violence victims pushes immigrant vic- senate record of strenuous objection to pro- minorities, members of the LGBT commu- tims further into the shadows and harms tections for historically marginalized popu- nity, and people with disabilities. families and communities by allowing per- lations, coupled with his record of selective Regrettably, Senator Sessions’ career is re- petrators (batterers and rapists) to abuse, prosecutions, demonstrate his unwillingness plete with actions taken and statements traffic and assault with impunity. During to protect marginalized victims’ access to made in opposition to equitable educational the consideration of two major comprehen- justice and disqualify him from holding the access. While Attorney General of Alabama, sive immigration reform bills, as well on position of Attorney General of the United Senator Sessions fought equitable edu- various other occasions, Senator Sessions States, a position charged with the responsi- cational access for poor, minority and dis- has sponsored amendments and stand-alone bility of securing justice for all. Selective abled students in Alabama even after being legislation to limit the availability of crit- application of the law and outward hostility ordered by a federal court to remedy the ical safety net assistance for immigrants and towards victims of sexual and domestic vio- yawning financial disparities between Ala- increase barriers to protections from abuse lence in historically marginalized popu- bama’s richest (and whitest) and poorest and exploitation by penalizing local jurisdic- lations has a chilling effect on their willing- school districts. Additionally, his tions that fail to engage in immigration en- ness and ability to seek services and protec- mischaracterization of the Individuals with forcement activities. He has made no subse- tion. It drives sexual violence, domestic vio- Disabilities in Education Act as creating quent statement that indicates that he lence, dating violence and stalking under- ‘‘special treatment for certain children,’’ and would rethink these punitive policy posi- ground, something we have made great being responsible for ‘‘accelerating the de- tions were he to be confirmed. strides to avoid. The Attorney General of the cline of civility and discipline in classrooms His failure to support, and sometimes ac- United States must be an individual com- across America,’’ is appalling. In light of tive opposition to, progress and protections mitted to protecting the inalienable right of these remarks, we are concerned not only for the LGBT community leave us gravely equal protection under the law to all within about the Senator’s willingness to use the concerned that if confirmed, he would not United States’ jurisdiction. Moreover, his civil rights statutes to protect survivors of stand up for the rights of the LGBT commu- minimizing comments about the nature of both campus sexual assault and other forms nity generally, and particularly with respect sexual assault call into question his dedica- of harassment and violence in the education to LGBT victims of violence. He opposed the tion to enforcing the law and providing jus- context, but also his commitment to ensur- Matthew Shepard and James Byrd, Jr. Hate tice to victims of this serious crime. ing equal access and safety under certain Crimes Prevention Act, which is of par- In short, we oppose Senator Sessions’ con- programs in the Violence Against Women ticular concern as we witness a spike in har- firmation as Attorney General of the United Act for victims of sexual and domestic vio- assment of minorities and bias crimes over States and we ask you, as a member of the lence who have disabilities. the last several months. Additionally, he Senate Judiciary Committee, to ask him di- FAIR APPLICATION OF LAW supported a constitutional amendment to rect questions regarding the concerns raised We have additional concerns regarding the ban same-sex marriage. He also opposed the in this letter, and to advise the President, Attorney General’s role with respect to the repeal of ‘‘Don’t Ask Don’t Tell.’’ Senator pursuant to the prescription of 28 U.S.C.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.096 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S942 CONGRESSIONAL RECORD — SENATE February 8, 2017 § 503, that Senator Sessions’ is unqualified to harmful decision striking down a key We have disagreed, for example, about hold this post. section of this law. sentencing reform. We have disagreed Yours truly, These are just some of the clear dis- about immigration reform, and several THE NATIONAL TASK FORCE TO END SEXUAL agreements I have with the positions important national security issues im- AND DOMESTIC VIOLENCE. Mr. REED. Mr. President, after a Senator SESSIONS has taken over the plicating constitutional law, and con- great deal of careful thought and con- years, which cause me to doubt his stitutional policy. All of these issues sideration, I have decided to oppose ability to effectively lead the Justice are very important to both of us—to Senator SESSIONS’ nomination to be Department. Our next Attorney Gen- me and to Senator SESSIONS. They can the next Attorney General of the eral should be a champion for all Amer- be emotional issues, and they happen United States. icans’ civil rights and civil liberties. to be issues on which Senator SESSIONS I have long served with Senator SES- The occupant of that office should give and I disagree, not just a little bit, but SIONS. While he and I have frequently Americans confidence in our judiciary, we happen to disagree taking almost disagreed on certain legal and civil our elections, and the impartial due diametrically opposed positions in rights issues, I have never doubted the process that is the hallmark of the rule many of these areas. sincerity or heartfelt nature of his po- of law. Therefore, I cannot support Notwithstanding these disagree- sitions. I am deeply concerned, how- Senator SESSIONS’ nomination to be ments—disagreements that I have seen ever, that he cannot be the effective Attorney General of the United States. in every one of the 6 years I have check on the Executive Branch that Mr. MARKEY. I suggest the absence served in this body so far—I have never our nation currently needs. of a quorum. seen Senator SESSIONS raise his voice In just the short time since President The PRESIDING OFFICER. The in anger against a colleague. To be Donald Trump took office, our Nation clerk will call the roll. sure, Senator SESSIONS makes his argu- has faced upheaval and challenges to The senior assistant legislative clerk ments vigorously, passionately, and the way our government typically proceeded to call the roll. forcefully, and yet he does so in a way runs. The President’s unprecedented Mr. LEE. Mr. President, I ask unani- that ensures that he will always treat refusal to divest himself of his business mous consent that the order for the his colleagues, even though he dis- holdings while in office has created quorum call be rescinded. agrees with them, with dignity and re- legal and constitutional conflicts that The PRESIDING OFFICER (Mr. spect. You may not persuade him that are unique in our Nation’s history. His TOOMEY). Without objection, it is so or- your position is right and his is wrong, use of social media to antagonize dered. but he always gives you the oppor- American businesses has already Mr. LEE. Mr. President, I rise today tunity to make your case. I think caused needless volatility in our econ- to speak in support of the nomination Members of this body know that. Those omy, which is the cornerstone of global of Senator JEFF SESSIONS to be the Members of this body who have actu- financial stability. Most recently, he next Attorney General of the United ally taken the time to get to know has unilaterally enacted a ban on trav- States. Senator SESSIONS and actually have el to the United States from several I enthusiastically support this nomi- the opportunity to work with him, Muslim-majority countries—creating nation, because I know Senator SES- even the opportunity to disagree with chaos in airports, separating families, SIONS to be an independent-minded him know that. Senator SESSIONS and tarnishing our Nation’s image man of great integrity. He is someone interacts with his colleagues in a way around the world. It is of great concern who understands and respects the rule that demonstrates a degree of respect to me that Senator SESSIONS has al- of law. He values it deeply, in fact. He for differences of opinion that are sel- ready stated his unwillingness, if con- is someone who understands the dif- dom seen here. In fact, I can’t think of firmed, to recuse himself from inves- ference between making law and en- a colleague who better exemplifies the tigations into potentially unlawful ac- forcing the law. He understands the dif- principles of collegiality to which we tivities of the Trump campaign and ference between setting policy and en- aspire in this body than does Senator Trump administration. forcing laws that contain policy, and SESSIONS. Moreover, Senator SESSIONS and I he is someone who understands that, as Perhaps even more importantly, Sen- disagree on how the law should treat a lawyer, the very best way to serve ator SESSIONS obviously understands immigrants, refugees, the LGBTQ com- your client often involves offering hon- the difference between lawmaking on munity, women, and racial minorities, est, independent advice—honest inde- the one hand and law enforcement on among others. These disagreements go pendent advice of the sort that might the other hand. This is plain from tes- to the heart of the Justice Depart- not always occur to the client on the timony he provided before the Judici- ment’s law enforcement and civil client’s part. ary Committee. rights functions. For instance, in 2013, I have listened to the remarks of As just one example, he told us: Senator SESSIONS voted against a bi- some of my colleagues, and I have to To go from the Legislative branch to the partisan effort to reform our Nation’s state that I have served with Senator Executive branch is a transfer not only of immigration laws. This effort garnered SESSIONS for the last 6 years, ever since position, but of the way you approach issues. overwhelming support from both sides I first became a Member of this body, I would be in an executive function and en- of the aisle and would have done much and I don’t recognize the caricature forcement function of the law this great leg- to address the immigration problems that has been painted of him over the islative body might pass.’’ facing us today. He also voted against last 24 hours. So I want to address His commitment to the rule of law the 2013 reauthorization of the Vio- head-on several of my colleagues’ ex- and even application of the law is also lence Against Women Act, which pro- pressed concerns about his nomination. plain from his public record, from his vides much-needed support to and pro- Some of my colleagues have ex- record serving in other positions. His tections for some of the most vulner- pressed and relied upon what really record, for example, as U.S. Attorney able people in our communities—and is amount to policy concerns—policy dis- for the Southern District of Alabama, overseen by the Justice Department agreements between themselves and and his record as attorney general for that he hopes to administer. Addition- Senator SESSIONS—as a reason to op- the State of Alabama. ally, his statements and votes in oppo- pose his nomination. To put the matter quite plainly, a sition to reaffirming the prohibition on As I explained it in our Judiciary great number of Senators have served torture run counter to our values and Committee markup last week, I have in the Cabinet over the years. The basic precepts of international law. disagreed with Senator SESSIONS not standard has never been that a Senator And he has voted against every recent just 1 or 2 times but on many, many oc- is somehow unfit for the executive effort in this Chamber to establish the casions and not just on a few isolated branch—for a Cabinet position in the most basic, commonsense laws that issues that are only tangentially re- executive branch—if he or she has dis- would keep our communities safe from lated to something important to me agreed with you on important issues. If the threat of gun violence. He also has but on circumstances and issues that that were the standard, no Senator called into question the Voting Rights are very important to me and that are would ever be confirmed because we de- Act and praised the Supreme Court’s at the center of my legislative agenda. bate important public policy issues

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.096 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S943 every single day, and it is never the believe or don’t believe. You can’t rea- he has done this especially when we case that we will find any among us, son your way to an answer. You have have disagreed. That is what I love so even colleagues, with whom we agree to know the person. much about Senator SESSIONS—that he most of the time who are going to So I urge my colleagues to reflect on has taught me much about how to get agree with us 100 percent of the time. their experiences with Senator SES- along with and respect people who So I urge my colleagues to put aside SIONS. If I know one thing about him, sometimes reach different conclusions any policy differences they might have he is not a ‘‘yes’’ man. If I know one than I reach on my own. with Senator SESSIONS when consid- thing about him, it is that of all the Thank you, Mr. President. ering his nomination and when decid- people with whom I have served in the I yield the floor. ing how they are going to vote in re- Senate, he is one of the very last who APPOINTMENTS sponse to his nomination, because I would ever expect in any context to The PRESIDING OFFICER. The those simply are not relevant to his job sell out his sincerely held views on the Chair, in accordance with Public Law and, at a minimum, ought not to be basis of political expediency. Instead, 93–618, as amended by Public Law 100– disqualifying factors relevant to his Senator SESSIONS takes his profes- 418, on behalf of the President pro tem- job. sional responsibility very seriously. pore and upon the recommendation of As to independence, some of my col- When he was a lawyer, he took seri- the chairman of the Committee on Fi- leagues doubt that Senator SESSIONS ously his obligations to his client and nance, appoints the following members will be an independent voice at the De- the law. As a Senator, he has taken se- of the Finance Committee as congres- partment of Justice. Respectfully, I riously his obligations to the people of sional advisers on trade policy and ne- can say with full confidence that any- the State of Alabama. I know he will gotiations to International con- one who actually knows Senator SES- do the same thing at the U.S. Depart- ferences, meetings and negotiation ses- SIONS knows that he is fiercely inde- ment of Justice. sions relating to trade agreements: the pendent-minded. He never shies away He told us that ‘‘the Attorney Gen- Senator from Utah (Mr. HATCH), the from expressing his closely held, sin- eral ultimately owes his loyalty to the Senator from Iowa (Mr. GRASSLEY), the cerely developed views on any issue, integrity of the American people and Senator from Idaho (Mr. CRAPO), the even when political pressure might to the fidelity of the Constitution, and Senator from Oregon (Mr. WYDEN), and suggest a different course of action be the legislative laws of the country.’’ the Senator from Michigan (Ms. STABE- in order. It is clear that SESSIONS will This demonstrates that Senator SES- NOW). apply his independent-mindedness to SIONS understands, as any good lawyer The Chair announces, on behalf of his job after he is confirmed as Attor- does, that every lawyer has a client, the majority leader, pursuant to the ney General of the United States. and you understand how best to rep- provisions of Public Law 114–196, the During his testimony before the Ju- resent that client and that client’s in- appointment of the following individ- diciary Committee, he repeatedly out- terest. You have to understand the na- uals to serve as members of the United lined the importance of having an inde- ture of the attorney-client relation- States Semiquincentennial Commis- pendent Attorney General, and he ex- ship. You have to know who the client sion: plained how he would fulfill this obli- is, you have to know how to interact Members of the Senate: the Honor- gation, how he would become precisely with that client, and you have to be able TOM COTTON of Arkansas, and the such an Attorney General, one who willing to push back on that client, Honorable PATRICK TOOMEY of Pennsyl- would exercise a degree of independ- even when—especially when—it is dif- vania. Private Citizens: Cathy Gillespie of ence and not simply be a rubber stamp. ficult, because that is the job of the For example, he told us that every lawyer. The obligations incumbent Virginia, Daniel DiLella of Pennsyl- Attorney General ‘‘understands, I upon the lawyer provides that the law- vania, Lucas Morel of Virginia, and think, that if a President wants to ac- yer sometimes has to push back on the Tom Walker of Alabama. Mr. LEE. I suggest the absence of a complish a goal that he or she believes client. At the end of the day, it seems to me quorum. in deeply, you should help them do it The PRESIDING OFFICER. The that some of my colleagues perhaps in a lawful way but make clear and ob- clerk will call the roll. ject if it is an unlawful action.’’ He de- just want an Attorney General who The bill clerk proceeded to call the scribed that role—being able to tell the will be openly, affirmatively, presump- roll. President ‘‘no,’’ that is—as ‘‘the ulti- tively, perennially hostile to the Presi- Ms. HARRIS. Mr. President, I ask mate loyalty to him.’’ dent’s agenda. Now, that has never unanimous consent that the order for He testified: ‘‘I hope that President been the standard, and it is not a work- the quorum call be rescinded. Trump has confidence in me so that if able way of arranging the executive The PRESIDING OFFICER. Without I give him advice that something can branch of the U.S. Government. The objection, it is so ordered. be done or cannot be done, that he President should be allowed to assem- Ms. HARRIS. Mr. President, my par- would respect that.’’ ble his or her team so long as the ents met when they were graduate stu- Sessions also explained that if the President picks people who are quali- dents at the University of California, Attorney General were asked ‘‘to do fied, people who are willing and able to Berkeley, in the 1960s when they were something plainly unlawful, he cannot fulfill their constitutional responsi- active in the civil rights movement. In participate in that. He or she would bility, and people who do not have any- fact, my sister and I joke that we grew have to resign ultimately before agree- thing disqualifying in their back- up surrounded by a bunch of adults who ing to execute a policy that the Attor- grounds that would suggest that they spent their full time marching and ney General believed would be unlawful cannot be trusted with this type of shouting for this thing called justice. or unconstitutional.’’ Senator SESSIONS very substantial responsibility. Sen- I was part of only the second class to made this point repeatedly. He made it ator SESSIONS plainly satisfies these integrate Berkeley, CA, public schools with great emphasis and in such a way criteria. almost two decades after the U.S. Su- that it is unmistakably clear to me So I support Senator SESSIONS’ nomi- preme Court declared that separate that this is the Attorney General he nation. I do so wholeheartedly. I do so, was inherently unequal in the great would aspire to be and that he would in I would add, with a somewhat heavy case of Brown v. Board of Education— fact become after being confirmed. heart, knowing that as we take this a case, I might add, that was supported Now, some may argue that you can- step and confirm Senator SESSIONS as by an amicus brief from the then U.S. not necessarily trust his testimony be- the next Attorney General of the Attorney General. cause no Attorney General nominee United States, we will be losing a col- In fact, it was the lawyers in Brown would declare an intention to be a league—not just any colleague but a v. Board of Education—Thurgood Mar- rubberstamp to the nominated Presi- colleague that has been a dear friend to shall, Charles Hamilton Houston, and dent. Others may argue that Senator me, who has been a kind mentor and a Constance Baker Motley—who inspired SESSIONS was too involved in the good example to me at every stage of me at a young age to become a lawyer. Trump campaign to be impartial. This my service in the Senate. He has done Simply put, it is likely that had the is one of those points that you either this not only when we have agreed, but U.S. Supreme Court not decided the

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But when both Demo- and profound impact our courts can our fundamental rights, but it is cru- crats and Republicans worked to reau- have on the everyday lives of Ameri- cial that we do not allow ourselves to thorize the Individuals with Disabil- cans. It is with a deep sense of respect be drawn into a suggestion that enforc- ities Education Act, which provides re- and admiration for the role of our jus- ing civil rights is favoring one group sources to children with special needs, tice system that I rise to oppose the over another. Protecting civil rights is Senator SESSIONS said that providing nomination of Senator SESSIONS to be not about taking care of someone else. educational services for these children the next Attorney General of the It is in our common interests. It is in ‘‘may be the single most irritating United States. each of our self-interests. problem for teachers throughout Amer- The mission of the Department of Liberty for each of us depends on lib- ica today.’’ Justice is clear: ‘‘To enforce the law erty for all of us. It is just like the De- Whether you are the father of a spe- and defend the interests of the United partment of Justice’s mission, which cial needs child in a classroom, a States according to the law; to ensure articulates in those three words, ‘‘jus- woman trying to earn fair pay, an Afri- can-American man in a voting booth, public safety against threats, foreign tice for all.’’ or a victim at a police station trying to and domestic; to provide Federal lead- This is the Department’s charge. It is report a crime, Senator SESSIONS has ership in preventing and controlling its mission, and the next Attorney General of the United States must use not been your advocate. crime; to seek just punishment for As a former U.S. Attorney General, his powers as a prosecutor to uphold it. those guilty of unlawful behavior; and the great Bobby Kennedy once said: to ensure fair and impartial adminis- This brings me to the troubling and, frankly, unacceptable record of the We must recognize the full human equality tration of justice for all Americans.’’ of all our people before God, before the law, It is those words—‘‘justice for all’’— nominee for this office. It is the U.S. and in the councils of government. We must that best articulate the spirit behind Department of Justice that is charged do this, not because it is economically ad- our judicial system. with enforcing the rights of those try- vantageous, although it is; not because the I am a career prosecutor. In fact, I ing to cast a ballot, but Senator SES- laws of God and man command it, although started my work as a young deputy dis- SIONS cheered the Supreme Court’s de- they do; not because people in other lands trict attorney in the Alameda County cision to gut the Voting Rights Act, wish it so. We must do it for the single and District Attorney’s Office. That office used his power as a U.S. attorney to fundamental reason that it is the right thing to do. was once led by U.S. Supreme Court prosecute three African-American Civil Chief Justice Earl Warren. Every time Rights activists in Alabama, and then The right thing to do. That is what I filed a case, it would never read with called the NAACP ‘‘un-American.’’ makes us special as a country. That is the name of the victim versus the It is the U.S. Department of Justice what makes us right. That is what name of the defendant. It always read that addresses systemic inequalities makes us great—our values and our ‘‘the people’’ versus the defendant be- that we know, unfortunately, still ideas. It is the belief that no matter cause in our democracy, in our great exist in our criminal justice system who you are, whether young or old, rich or poor, gay or straight; whether judicial system, we have rightly said a and have led to mass incarceration— you are a child from Oakland or a child harm against any one of us is a harm but Senator SESSIONS led the opposi- from Birmingham; whether you came against all of us, especially because we tion to bipartisan sentencing reform. here by plane to escape the hardships know that harm is most often directed It is the U.S. Department of Justice of war and torture or by foot to build a at some of the most vulnerable and that investigates and prosecutes better life; whether you have been the voiceless among us. So we rightly have crimes motivated by hate based on victim of gun violence or opioid addic- declared that as a civil society, we will race, religion, gender, nationality, dis- tion; whether you are paid less than not require them to fight alone. We ability, or sexual orientation of its vic- others doing the same work or stopped will stand with them. Justice for all. tim—but in the 1990s, when lawmakers at a red light because of the color of This point is what raises my question worked to pass hate crime legislation your skin, you deserve an Attorney of whether this nominee can fulfill the after the brutal killing of Matthew General who recognizes the full human role and responsibility of this job. Let’s Shepard, Senator SESSIONS was a vocal quality of all people. be clear. This is not a debate about a opponent. It is what led Attorney General Her- President’s nominee. It is not simply a It is the U.S. Department of Justice bert Brownell, when there was rampant debate about a President’s nominee. that uses the power of the prosecutor voter discrimination and intimidation This is a debate about the fundamental to protect women who have been vic- here in the United States, to create in ideals of our country—ideals that date tims of crime—but Senator SESSIONS the United States Department of Jus- back to the founding of our country voted no when both Democrats and Re- tice the Civil Rights Division, whose and those great words we spoke in 1776: publicans came together to reauthorize mission is to ‘‘uphold the civil and con- ‘‘We hold these Truths to be self-evi- the Violence Against Women Act, stitutional rights of all Americans, dent, that all Men are created equal, which gives support and assistance to particularly some of the most vulner- that they are endowed by their Creator survivors of domestic violence and sex- able members of our society.’’ with certain unalienable Rights, that ual assault, including members of our It is what led Attorney General Wil- among these are Life, Liberty, and the LGBT community. liam Rogers to forcefully demand the Pursuit of Happiness.’’ It is the U.S. Department of Justice integration of an elementary school at All men are created equal, with that defends that most fundamental the Redstone missile center in Ala- unalienable rights. In other words, right of freedom to worship—but it was bama when the children of Black serv- President Lincoln was fulfilling the Senator SESSIONS who was one of the icemembers were being denied entry. promise first made in the Declaration most outspoken defenders of then-can- It is that commitment that led of Independence, a promise that made didate and now-President Donald Bobby Kennedy to send 500 U.S. mar- clear the basis for legal equality de- Trump’s unconstitutional Muslim trav- shals to Oxford, MS, to escort a young rives not through a right that is given el ban which, by the way, was roundly Black man, James Meredith, to enroll but from natural rights—rights that denounced by many of his fellow Re- at Ole Miss. It is what led U.S. Attor- have been endowed upon us by our Cre- publicans. ney General Elliott Richardson to re- ator; rights that cannot and should not It is the U.S. Department of Justice sign rather than do the bidding of a be taken away or given up. that enforces Federal laws prohibiting corrupt President during Watergate. So let us recognize that civil rights employment practices that discrimi- It is what led my friend, Attorney are not given through the enactment of nate on the grounds of race, sex, reli- General Eric Holder, to sue the State

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.358 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S945 of Arizona over SB 1070, a law that led the problems of 1963. Despite the pas- States had to prove to the Department to the unjust racial profiling of immi- sage of time and landmark civil and of Justice why a change was necessary grants and to say that the U.S. Govern- voting rights legislation, five decades and demonstrate how that change ment would no longer defend a law that later there is still considerable voter would not harm voters. prevented LGBT Americans from ex- suppression in this country. In a 5-to-4 decision, the Court de- pressing their love for one another. In fact, several States have recently clared that part of the law was out- It is what led Attorney General Sally enacted restrictive laws cutting back dated. It essentially rendered a key Yates, on a Monday evening this voting hours on nights and on week- part of the law void until a bitterly month, to stand up and refuse to de- ends, eliminating same-day registra- partisan and gridlocked Congress can fend a Muslim ban. tion, and basically making it harder come up with a new formula for deter- More than most Cabinet positions, for people to vote. Standing in between mining which States and localities the U.S. Attorney General enforces the a citizen and the voting booth is a di- need advance approval to amend their principles that are the founding of our rect contradiction to the vision of right-to-vote laws. The majority justi- country, but I have seen no evidence in equality put forth by our Founding Fa- fied its ruling in the Court by pointing his record or testimony that Senator thers. In 1776, they declared that all out that we no longer had the blatant SESSIONS will approach this office in men were created equal, but many in voter suppression tactics once used to furtherance of these noble ideals. The our country had to wait another 94 disenfranchise targeted voters across gains our country has made are not years before the 15th Amendment to the country. I vigorously disagree be- permanent, and it is incumbent on the the Constitution granted citizens the cause removing much needed voter pro- Attorney General of the United States right to vote—though not all citizens. tections also prevents the Federal Gov- to fight for the civil rights of all peo- Ratified in 1870, the amendment states: ernment from trying to block discrimi- ple. ‘‘The right of citizens of the United natory State laws before they go into No one said it better than Coretta States to vote shall not be denied or effect. In essence, States and local ju- Scott King: abridged by the United States or by risdictions are now legally free to do as Freedom is never really won. You earn it any State on account of race, color, or they please. and win it in every generation. previous condition of servitude. The In fact, just moments after the deci- sion, the Texas attorney general said If Senator SESSIONS won’t, then it is Congress shall have power to enforce his State would begin ‘‘immediately’’ incumbent upon the rest of us to per- this article by appropriate legislation.’’ honoring local legislation that a fellow sist. It still took another 50 years before court had imposed ‘‘strict and unfor- I urge my colleagues to vote no. women in America were allowed to Mr. President, I yield the floor. vote. After her arrest for casting a bal- giving burdens’’ on many Texans at- I suggest the absence of a quorum. lot in the Presidential election of 1872, tempting to cast a ballot. As has been noted, the right to vote The PRESIDING OFFICER. The Susan B. Anthony delivered a number was not always given to all American clerk will call the roll. of speeches in Upstate New York on adults, but our laws adjusted as we be- The bill clerk proceeded to call the women’s suffrage. In those speeches, came a more mature and tolerant de- roll. she noted that the right of all citizens mocracy. But the reverse is what has Mr. NELSON. Mr. President, I ask to vote in elections is key to a func- unanimous consent that the order for been happening in America today and tioning democracy. especially in Florida. the quorum call be rescinded. Specifically, one line from her speech Since the 2010 election, in addition to The PRESIDING OFFICER. Without stands out. ‘‘And it is a downright cutting back on early voting, North objection, it is so ordered. mockery to talk to women of their en- Carolina, Ohio, Wisconsin, and Florida Mr. NELSON. Mr. President, I rise joyment of the blessings of liberty have approved voting restrictions that today to speak about the nomination while they are denied the use of the according to some experts are targeted of Senator SESSIONS to be the next At- only means of securing them by pro- directly at reducing turnout among torney General. I believe one of the viding the democratic-republican gov- young, low-income, and minority vot- most important jobs of a U.S. Attorney ernment—the ballot.’’ ers who traditionally support Demo- General is to protect the people’s right After the passage of the 19th Amend- crats. to vote. ment granting women the ballot, it One study by the Brennan Center for In the tumultuous days of the early took another 45 years before our Na- Justice at New York University School 1960s, on a hot afternoon, I watched on tion belatedly enacted the Voting of Law reviewed the crop of similar dis- a grainy black and white TV as Dr. Rights Act of 1965 intended to guar- enfranchisement laws that were en- King delivered his memorable ‘‘I Have antee every U.S. citizen the right to acted after the 2010 decision. All told, a Dream’’ speech on the steps of the vote. Does this principle really hold the center found that as many as 5 mil- Lincoln Memorial. true in practice? lion Americans could be adversely af- His soaring, spiritually laced speech The continued voter suppression of fected by these voting laws, and there challenged us to commit our lives to which I speak may not be as blatant as is a clear political impact as a result of ensuring that the promises of Amer- it once was with Jim Crow laws and these disenfranchisement laws. ican democracy were available, not poll taxes and literacy tests and the Two University of Massachusetts just for the privileged few but for ‘‘all like, but it is still very much with us. professors conducted a study that of God’s children, black men and white In recent years, it is obvious that found that there was a clear pattern men, Jews and Gentiles, Protestants hurdles have once again been placed associated with the voter restrictions and Catholics.’’ between the voting booth and the in the various States. According to ‘‘Now is the time,’’ Dr. King urged, young and minority voters. A dev- Keith Bentele and Erin E. O’Brien, ‘‘to make real the promises of democ- astating blow was dealt by the U.S. Su- States were more likely to pass limits racy.’’ He stressed that a central prom- preme Court when it gutted the Voting on voting that elected those Repub- ise made to the citizens in a democracy Rights Act in 2013. Our Nation’s high- lican Governors, those States that in- is the right to vote and to have that est Court struck down a central provi- creased their share of Republican law- vote counted. He said: ‘‘We cannot be sion of the law that was used to guar- makers, and those States that became satisfied as long as a Negro in Mis- antee fair elections in this country more electorally competitive under Re- sissippi cannot vote and a Negro in since the mid-1960s, and that includes publicans. New York believes he has nothing for the guarantee of elections in my State In 2011, the Florida legislature and which to vote.’’ of Florida since that time. State officials reduced a number of Half a century has passed, and our Congress passed the Voting Rights early voting days. They reduced them country has changed with the times, Act of 1965 to protect our right to vote. from 2 weeks down to 8 days, including but one thing has not changed. The It required States with a history of very conveniently canceling the Sun- right to vote for ‘‘all God’s children’’ in voter suppression to get Federal ap- day right before the Tuesday election, America is still under assault. Unbe- proval before changing their voting a day that had historically seen heavy lievably, we are not so very far from laws. And for nearly five decades, the African-American and Hispanic voting.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.359 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S946 CONGRESSIONAL RECORD — SENATE February 8, 2017 State officials countered that reg- the ones who came up with that 200,000 procedures have restricted voter participa- istered voters would still have the figure, and they aren’t done yet. tion and limited access to the franchise. Be- same number of hours and that they As if the 2011 restrictions weren’t cause the right to vote is one of our nation’s could still vote early, only in 8 days in- enough, an elections official in Miami- most sacred rights, I strongly urge you to re- evaluate laws and procedures that make it stead of 2 weeks. Well, it didn’t work Dade County, in 2012, said that rest- harder for citizens to register and to vote so out that way. Florida also made voting rooms would be closed to voters at that all eligible Floridians can easily and harder for people who had been re- polling sites in private buildings over a without burden exercise their right to vote. cently moved to another county and handicap access dispute, even though Generations of Americans took extraor- had an address change, such as college there were bathrooms in those private dinary risks and willingly confronted hatred students, after it subjected voter reg- buildings where the polling place was. and violence—including in your home state— istration groups to penalties and fines to ensure that all American citizens would The State’s top election official in 2012 have the chance to participate in the work of for mistakes—voter registration, mind also told one of our 67 local election su- their government. The right to vote is not you, penalties, and fines if you didn’t pervisors not to allow voters to submit only the cornerstone or our system of gov- turn it in within a certain number of absentee ballots at remote dropoff ernment—it is the lifeblood of our democ- hours. sites. She, by the way, is a Republican racy. Whatever the precise contours of fed- They were so burdensome that the supervisor of elections. She told the eral law, we each have a civic and moral League of Women Voters challenged State Department Division of Elections duty to protect, and to expand access to, this the provision in Federal court and they right. to kiss off; that she was running the For this reason, I am deeply disturbed that won but not before Jill Cicciarelli, a elections and she was going to make during your tenure your state has repeatedly Florida teacher, had helped her stu- sure there were enough places around added barriers to voting and restricted ac- dents preregister to vote and ended up that county where, if they had an ab- cess to the polls. For example, changes in facing legal troubles as the result of sentee ballot, it was going to be con- 2011 significantly narrowed the early voting her well-intentioned public service. A venient for them to go and drop off window that had previously enabled thou- schoolteacher, teaching a government that absentee ballot than having to sands of Floridians to cast ballots. As the class, getting her kids preregistered, so take it miles and miles to one place, three judge court in Florida v. United when they became 18, they could vote, Stares, 885 F. Supp. 2d 299 (D.D.C. 2012), ob- that the Division of Elections at the served, the law threatened ‘‘a dramatic re- and she got in trouble with the State of State level was telling them to go to duction in the form of voting that is dis- Florida. The New Smyrna Beach High that Supervisor of Elections. She knew proportionately used by African-Americans’’ School civics teacher unwittingly ran what she had to do to make it easy for that would have made it ‘‘materially more afoul of the State’s new convoluted voters to vote, and she stuck to her difficult for some minority voters to cast a election law. Cicciarelli, it turned out, guns. ballot than under the benchmark law,’’ in hadn’t registered with the State before At the same time, that same Division part because the decreased opportunity for beginning the drive and didn’t submit of Elections in the Department of early voting would produce increased lines at forms to the elections office within the polls during the remaining hours. Id. at State, denied a request from the city of 333. Accordingly, the court refused to ap- that short number of hours. ‘‘You’re Gainesville in a municipal election. prove reduced early voting hours with re- talking about a high-energy teacher They denied the request to use the Uni- spect to the five counties in Florida covered who cares about her kids, cares about versity of Florida campus building for by the Voting Rights Act’s preclearance pro- her community and cares about her early voting. A move that was viewed vision. country,’’ is how the New Smyrna High by some—more than some—as an as- Indeed, Florida’s decision to reduce early School principal, Jim Tager, described sault on student voting by making it voting opportunities in the 2011 legislation was widely recognized as a disaster. A report the situation. more difficult for students to find a Thankfully, the Voting Rights Act released by the Orlando Sentinel in January place to vote. 2013 found that at least 201,000 Florida voters allowed the Federal Government to go By then, I had asked the U.S. Attor- did not cast ballots on Election Day 2012 be- before a panel of Washington, DC, ney General Eric Holder, for an inves- cause they were discouraged by long lines at judges who found that Florida’s 2011 re- tigation into the changes in Florida’s polling places. I am pleased that last year duction of early voting—which I have voting law. In response, the Attorney you signed legislation that restored early just chronicled—here is what the court General wrote to warn the Governor of voting days. However, I have grave concerns said, ‘‘would make it materially more Florida that the Justice Department that there remains a troubling pattern in difficult for some minority voters to would be ‘‘carefully monitoring’’ Flor- your state of measures that make it more cast a ballot.’’ As a result, Florida had difficult, not easier, for Floridians to vote. ida’s elections. ‘‘During your tenure, For example, as part of the same 2011 law, to restore 96 hours of early voting. your State has repeatedly added bar- the state imposed rules on organizations Even with these added protections, riers to voting and restricted access to that helped register individuals to vote that the next election in 2012 was a fiasco. the polls,’’ the Attorney General wrote. were, in the words of a federal court, Lines outside the polling places were ‘‘Whenever warranted by the facts and ‘‘harsh,’’ ‘‘impractical,’’ ‘‘burdensome,’’ and prohibitively long, with some people the law, we will not hesitate to use all ‘‘unworkable.’’ League of Women Voters of waiting up to 8 hours to cast their tools and legal authorities at our dis- Fla. v. Browning, 863 F. Supp. 2d 1155 (N.D. vote. I am not kidding the Senate. posal to fight against racial discrimi- Fl. 2012). There were lines in Dade County, Most recently, the federal courts have con- nation, to stand against disenfran- cluded that in 2012, Florida violated the Na- Miami Dade County, 7 and 8 hours. By chisement, and to safeguard the right tional Voter Registration Act of 1993 (NVRA) the way, some of those lines, there of every eligible American to cast a by conducting a systematic program to wasn’t a nearby bathroom. Faced with ballot.’’ purge voters from its voter registration rolls calls for extending poll hours, the Gov- Mr. President, I ask unanimous con- within the 90-day quiet period before an elec- ernor of Florida failed to do what its sent to have printed in the RECORD the tion for federal office. In doing so, Florida two Republican gubernatorial prede- letter from the U.S. Attorney General used inaccurate and unreliable voter cessors had done: extend voting hours to the Governor of Florida, dated July verification procedures that harmed and con- in some of the most swamped polling fused voters. Arcia v. Fla. Sec’y, of State, 746 21, 2014. F.3d 1273 (11th Cir. 2014). places to give folks enough time to ex- There being no objection, the mate- Florida is one of just eleven states that ercise their right to vote. rial was ordered to be printed in the continue to restrict voting rights even after In fact, a Massachusetts Institute of RECORD, as follows: a person has served his or her sentence and Technology analysis found that in 2012, OFFICE OF THE is no longer on probation or parole; and in Florida had the Nation’s longest wait- ATTORNEY GENERAL, 2011, you made it more difficult for individ- ing lines to vote at an average state- Washington, DC, July 21, 2014. uals who have served their sentences to re- wide of 45 minutes. More than 200,000 Hon. RICK SCOTT, gain the right to vote by eliminating auto- voters in Florida gave up in frustration Governor of Florida, The Capitol, Tallahassee, matic restoration of rights for non-violent FL. felons and requiring a five year waiting pe- because the lines were so long. They DEAR GOVERNOR SCOTT: In recent years. I riod before felons convicted of non-violent didn’t vote that year. According to an- have heard from public officials and citizens crimes can apply to have their rights re- other analysis by Ohio State Univer- of Florida expressing their deep concern that stored. Approximately ten percent of the en- sity, in the Orlando Sentinel, they are certain changes to Florida election law and tire population is disenfranchised as a result

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.361 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S947 of Florida law. The justifications for denying be as obvious, but there are all these Supreme Court itself said that ‘‘trans- citizens’ voting rights for life, especially subtle attempts. So what do we do? parency enables the electorate to make after they have completed their sentence and I submit that though the problem is informed decisions and give proper made amends, are unpersuasive. On the con- complex, the answer is relatively sim- weight to different speakers and mes- trary: there is evidence to suggest that of- fenders whose voting rights are restored are ple. As Americans who cherish the sages.’’ significantly less likely to return to the right to vote, we must turn to those I believe we as a Congress have a criminal justice system. For example. a schemers and say: There is a promise of moral obligation—a moral obligation— study recently conducted by a parole com- democracy that we will not allow you to correct what has happened to our mission in Florida found that, while the to break. We have an obligation to system and to ensure that our voters overall three-year recidivism rate stood at keep this promise of democracy for our have the information they need to roughly 33 percent, the rate among those children. make an informed decision on election who were re-enfranchised after they’d served Congress may be dysfunctional, but day. their time was just a third of that. So this Senator has spoken on two And there are a number of other troubling we must continue to push lawmakers examples involving recent changes: for a fix to the Voting Rights Act that subject areas—the right to vote and In 2013, Florida Secretary of State Ken the Supreme Court struck down on a 5- the amount of undetectable, unan- Detzner issued a directive to county officials to-4 vote, a key provision. We ought to nounced, undisclosed, and unlimited who supervise elections stating that they be making it easier to vote, not harder. money in our elections. For these and should never solicit the return of absentee many other reasons I have stated and ballots at any place other than supervisors’ I believe no one should have to wait more than one-half hour to vote. have not stated and the reasons men- offices. Many have expressed concern that tioned in these remarks, I will vote no this directive will significantly reduce the So I joined with others a few years number of places to return an absentee bal- ago to introduce a bill in Congress on the confirmation for Attorney Gen- lot and will have a negative impact on citi- aimed at making that standard 30- eral. The PRESIDING OFFICER (Mr. zens whose jobs, access to transportation, or minute wait time based on the January GARDNER). The Senator from Missouri. addresses make it difficult to return ballots 2014 recommendation of a bipartisan to supervisors’ office which, especially in Mr. BLUNT. Mr. President, we are large counties, may be miles away. Presidential Commission on Election coming to the conclusion of weeks now This year, Gainesville, in an attempt to Administration. Keep in mind what of debate on the nominee to be the At- avoid the long lines that characterized the President Johnson said a half century torney General of the United States, 2012 election, sought approval to use the Uni- ago: ‘‘The vote is the most powerful in- and we still have other debates to have versity of Florida’s student union as an early strument ever devised by man for voting site. Secretary of State Detzner de- on other people before this process breaking down injustice and destroying ends. In fact, somebody observed this nied the request. As a result, it is more dif- the terrible walls which imprison men ficult for University of Florida students— week that you have to go back to the who have to travel to alternative early vot- because they are different from other very founding of the government, to ing locations miles off campus—to partici- men.’’ the first administration of George pate in early voting. Also remember what Dr. King said: Washington, to find a time when it has In April, it was reported that the Miami- So long as I do not firmly and irrevocably taken longer to put a Cabinet in place, Dade County Elections Department had a possess the right to vote, I do not possess and George Washington only had to policy, according to an email from an Assist- myself. I cannot make up my mind—it is find four people in a government that ant County Attorney, ‘‘not to permit access made up for me. I cannot live as a demo- to restrooms at polling sites on election cratic citizen, observing the laws I have was just trying to establish itself. But days.’’ As you know, in 2012, Miami-Dade helped to enact—I can only submit to the we are taking a maximum amount of County had some of the longest lines and edict of others. time on a Cabinet and a Presidential waiting times to vote in the United States. Don’t we owe it to all our children nomination that usually happen quick- Some voters reported waiting as much as six the right to possess themselves if this ly. hours. Many of the people stuck in lines need There has traditionally been an un- is to be a truly free and fair democ- to use bathroom facilities in order to remain derstanding in our country that when racy? I believe that two of the most in line and be allowed to vote. the President is elected—the impor- Whether or not these changes would ulti- fundamental rights in our democracy tance of the President being able to put mately be found to violate specific federal are the right to vote and the right to laws, they represent a troubling series of ef- his stamp on the government as quick- know whom you are voting for and the ly as possible. And eventually we will forts to limit citizens’ ability to exercise the right to have the confidence that vote franchise. And I write to you today to make be able to say his or her stamp on the clear that the Department of Justice is care- is going to be counted as you intended. government. But up until now, Presi- fully monitoring jurisdictions around the If that were not enough, just as con- dents have had that opportunity. I read country—including throughout Florida—for cerning as the ongoing efforts to sup- somewhere that from President Gar- voting changes that may hamper the voting press certain votes in this country is field right after the Civil War through rights we are charged with protecting. When- the amount of undisclosed and unlim- Franklin Roosevelt, that Cabinets— ever warranted by the facts and the law, we ited money that is sloshing around in will not hesitate to use all tools and legal those were put in place in the first our campaigns. days of every one of those administra- authorities at our disposal to fight against The Supreme Court’s 2010 decision in racial discrimination, to stand against dis- tions, often even the very first day. enfranchisement, and to safeguard the right Citizens United has opened the flood- What we have seen in this debate is of every eligible American to cast a ballot. gates and allowed the wealthiest Amer- also the questioning of people’s mo- Sincerely, icans to spend unlimited amounts of tives, not just their decisions. I don’t ERIC H. HOLDER, JR., money to influence our elections. Al- quote Vice President Biden often, but Attorney General. lowing such unlimited, undisclosed one of the quotes I have heard him give Mr. NELSON. The Attorney General money into our political system is cor- often and one I have agreed with in all cited problematic actions of the Gov- rupting our democracy. my time here is that it is appropriate ernor’s chief elections official, includ- I have strongly supported several to question somebody else’s decisions ing purging from the voter rolls sus- pieces of legislation, such as the Dis- in public debate, particularly when you pected noncitizens—a move that even- close Act, to require groups who spend are debating your colleagues, who have tually was blocked after outright oppo- more than $10,000 on campaign-related also been elected to these jobs as well, sition from county election super- matters to identify themselves. Tell but it is frankly not appropriate to visors. the people who is giving the money by question their motives. When we start So in light of this evidence and fol- filing a disclosure report with the Fed- doing that, that is always a mistake. lowing a widespread public outcry, eral Elections Commission. But that is When I was the whip in the House, I what do we do now? As we say, it may not what the Supreme Court decision used to tell freshman Members of the not be as obvious as poll tactics and all required. House: You are going to enjoy this op- the other blockades to voting, as we The American people have a right to portunity and be better at it while you have seen in the past, particularly by know whom they are voting for—not are here if you can vigorously fight for all of the marches and so forth during just the name on the ballot but who is what you are for but if you will also be- the 1970s civil rights era. It might not behind that name on the ballot. The lieve that in virtually 100 percent of

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.091 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S948 CONGRESSIONAL RECORD — SENATE February 8, 2017 the cases, the person on the other side to the Senate 6 years ago, we formed be in good hands late today when JEFF of that debate is as well motivated and the Law Enforcement Caucus. Senator SESSIONS undoubtedly, I am confident, as genuine as you are. You can be SESSIONS was a great supporter of that becomes the Attorney General. wrong and not be evil. You can be effort. I look forward to that vote later wrong and not be badly motivated. When we were able to reauthorize in today and then getting on to the next You know, elections do have con- the last Congress the Victims of Child nominee, Dr. PRICE, whom I served sequences. Every person we are talking Abuse Act—this is a law that provides with in the House. Any discussion that with on this floor in this debate was Federal assistance to locations in vir- there have not been ideas that were al- elected to the Senate. tually every State—22 in the State of ternatives to the Affordable Care Act— I think Senator SESSIONS will be con- Missouri—where kids who have been people just have not been paying atten- firmed Attorney General, so sometime the victims of crime or a witness to tion to Dr. TOM PRICE all the time he later this week, one of our number will crime have a place to go and get the in- has been in the Congress or as budget have been appointed to this job. But formation out of their lives that needs director and haven’t paid attention to these are people who come to this proc- to get away from them so they can get him as a practicing physician. He is an- ess as the Constitution determines, and on to the next thing that happens, a other great nominee at a time when we they serve here as representatives of law that protects our most vulnerable really need to set a new course. both the State they represent and the children and is designed to hold the We are going to see that happen in Constitution and what it stands for. perpetrators of crimes on those chil- both the Attorney General’s office and In the case of Senator SESSIONS, we dren or crimes those children witness— at HHS, and I look forward to what we have a colleague who has been here for allows that to be dealt with in the do as those move forward. 20 years. Anybody who has been here right way. Senator SESSIONS was a I also look forward to what may not less than that served every day of their great advocate for that. be the official maiden speech but what time in the Senate with Senator SES- He has been endorsed by the major I think will be the first speech on the SIONS. People who have been here law enforcement associations of the floor for our new colleague, JOHN KEN- longer than that have served all 20 country, as well as many of his col- NEDY. years with Senator SESSIONS. I don’t leagues. The law enforcement associa- I yield the floor. know how you can do that and not see tions that say JEFF SESSIONS would be The PRESIDING OFFICER. The Sen- the quality he brings to that job every a good Attorney General are the Fra- ator from Louisiana. day. ternal Order of Police, the National Mr. KENNEDY. Mr. President, I rise He and I have not always voted the Sheriffs’ Association, the Federal Law to support the nomination of JEFF SES- same. In fact, there is probably no Enforcement Officers Association, the SIONS to be the next Attorney General Member here with whom I have always Major Cities Chiefs Association, the of the United States of America, and I voted the same. But he comes with a Major Counties Sheriffs’ Association, would like to explain why. background of integrity. and the list goes on. It seems to me that most Americans He started as an Eagle Scout. I think Then you get to the victims of crime don’t care about the politics on Capitol he was a Distinguished Eagle Scout. I groups who have endorsed Senator SES- Hill. They don’t particularly care am not even sure I know the difference SIONS. about the politics in the Senate, and between an Eagle Scout and a Distin- Five former U.S. Attorney Generals they don’t especially care about the guished Eagle Scout; I thought all and one former FBI Director are on politics in Washington, DC. Most Eagle Scouts were distinguished. But that list. They are saying that JEFF Americans are too busy earning a liv- starting even then, JEFF SESSIONS has SESSIONS would be a good person—in ing. These are the Americans who get always stood out a little above the the case of five of them—to hold the up every day, they go to work, they crowd. jobs they held, and they know more work hard, they obey the law, they try He has four decades of public service. about that job than any of us do: Mi- to do the right thing by their kids, and In 1975, he became an assistant U.S. at- chael Mukasey, Alberto Gonzales, John they try to save a little money for re- torney in the Southern District in Ala- Ashcroft, Bill Barr, Ed Meese III. All, tirement. bama. Half a dozen years after that, he along with FBI Director Louis Freeh, Most Americans I think are fair- became the U.S. attorney in that dis- have endorsed JEFF SESSIONS for this minded, and most Americans are trict. He held that job for 12 years until job. commonsensical. They understand that he became the attorney general of Ala- There has been some discussions of when they elect a President, the Presi- bama. People trusted him to take that his relationship with African Ameri- dent can’t do the job alone. He gets those responsibilities. In 1997, as I said, cans. We have African-American en- help, and he starts with appointing he came to the Senate. dorsements from his State but also members of his Cabinet. Of course, the He has been a senior member of the from the former Secretary of State, Senate has to provide advice and con- Judiciary Committee for some time Condoleezza Rice; our colleague TIM sent and confirm those appointees. now. He has worked across party lines, SCOTT, who will be here later this Most Americans understand that a and he has done that in fights for jus- afternoon, and I intend to be here for President—whoever the President—is tice and fights on behalf of the victims his remarks; and Larry Thompson, the not going to pick his enemies to do of crime and, frankly, on more than former Deputy Attorney General. that. He is not going to pick somebody one occasion, fights to be sure that These are people who know JEFF SES- he doesn’t trust. He is not going to those accused of crimes also had their SIONS and know what he has to offer to pick someone to advise him if he is not day in court, and after they had their that job. qualified. He is going to pick someone day in court, it was Senator SESSIONS It is a job of great responsibility. Sel- he is on friendly terms with. He is who was instrumental in leading the dom will we as Senators have an oppor- going to pick somebody who is com- fight for the Fair Sentencing Act. tunity to confirm someone to that job petent. He is going to pick somebody Senator SESSIONS was very involved or any other job that we know as well who is experienced. That is what Presi- in the Paul Coverdell act for forensic as Senator SESSIONS. We know his fam- dent Trump has done. That is what sciences to be sure that the evidence ily. We know his recent addition of President Obama did. That is what Sec- that was in court would be unassailable twin grandchildren to his family just a retary Hillary Clinton would have to every extent possible. He has been little over a year ago. We know how done, had she been elected President. vigorous in wanting to be sure those much he cares about them. We know Now, President Trump has nomi- accused of crimes had justice, as well the moments that he has reached out nated Senator JEFF SESSIONS. I recog- as those who were the victims of crime. to each of us as we have had challenges nize that not all Americans and not all When I came to the Senate, Senator or things we needed help with. Members of the Senate agree with his COONS and I—a Democrat from Dela- I think he will do a great job as At- political positions. Some folks don’t ware and a good friend of mine. I am torney General. I believe that will hap- agree with his political party. Some thinking about him in this week that pen later today. I think the country folks don’t like him because they don’t his father passed away. When we came and the Attorney General’s office will like the person who appointed him. I

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.363 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S949 get that. Some folks may not even like shared last night originally stated by ple like myself, CORY BOOKER, and the part of the country he is from. Senator KENNEDY—not Coretta Scott KAMALA HARRIS would be allowed one That is OK. This is America. In Amer- King—Senator KENNEDY. day not to simply vote but to serve in ica, you can believe anything you want Whether you like it or not, this body the most unique, powerful, and one of to believe, and as long as you don’t has rules, and we all should govern our- the most important legislative bodies hurt anybody, you can say it. selves according to the rules. in the world today. It is the sacrifices But it seems to me that no reason- There is no doubt that last night of men and women of color who fought able person, if they look at Senator emotions were very high, and I am not against injustices. We stand as a na- JEFF SESSIONS’ record, can argue that necessarily happy with where that has tion on the shoulders of these giants. I he is not qualified, if by qualified you left us today. The Senate needs to know that I don’t have to remind my mean that he has any potential to be a function. We need to have a comity in mother or my family, but just as a re- great Attorney General. this body if we are to work for the minder to those who are listening to This is a man who has served as a American people. This should not be the conversation, when I leave the Sen- State attorney general. This is a man about Republicans and Democrats. It is ate one day, I am still going to be who was a U.S. attorney not for 1 year not about us; it is about the American Black, an African American—Black or 5 years or 6 years. For 12 years he people. every day, Black every way, and there served as a U.S. attorney. This is a If we remember that point as we is no doubt. gentleman who has been a U.S. Senator move forward, our Nation will be able This is an important part of the con- for 20 years, three terms, and three to heal where we hurt. We will be able versation because, as I read through times the good people of Alabama have to disagree without being disagreeable. some of the comments of my friends on sent JEFF SESSIONS to this body. This should be the norm, not a unique the left, you will wonder if I ever had Most people here know him. They experience in public discourse. an experience as a Black person in Before I decided to give this speech, I have had lunch with him. They have America. I want to get to that in just had the privilege last night around met his family. They have worked with a few minutes. midnight of having to sit in the Chair him on bills. They have worked against God, in His infinite wisdom, made me and presiding. My good friend CORY him on bills. They know him, and they Black, born in Charleston, SC, for a BOOKER was making an eloquent pres- know he is qualified. purpose. I am blessed to be who I am, entation about where we are on issues There has been a lot of discussion and I am equally blessed to be a of race in this Nation. He was talking about whether Senator SESSIONS will Charlestonian. Our country, the South, about the South, and he was talking respect the rule of law. He will. He un- and, specifically, my State have suf- about the pain, the suffering, and the derstands the difference between mak- fered through difficult and challenging misery. ing policy, as Congress does, and exe- Today, as I want to share my times around the issue of race. My cuting policy. I have no doubt whatso- grandfather, who passed away at 94 thoughts on JEFF SESSIONS and how I ever that Senator SESSIONS, as the next have come to my conclusion, I thought years old last January, knew a very Attorney General, will be more than it was important for me to not try to different South. I remember listening willing to enforce laws that he might persuade people but to simply inform, to him talking about his experiences of not necessarily agree with. because this issue is not simply the having to step off of the sidewalk when There has been some discussion issue about our next Attorney General. White folks were coming. He learned about Senator SESSIONS and the Bill of This is really an issue about all of us— early in life: Never look a White person Rights. Senator SESSIONS understands not all of us as Senators but all of us as in the eyes. He was in his forties in the the importance of personal liberty. I members of the American family. This 1960s. His whole life view, his paradigm, listened very attentively in the Judici- is an issue that digs deep into the core was painted with a broad brush. Sepa- ary Committee. He was asked a lot of of our souls, deep into the core of our ration, segregation, humiliation, and questions about our Constitution. It is Nation, deep into who we can be, who challenges. clear to me that Senator SESSIONS un- we should be, and how we will get It was in my home city of Charleston derstands that the Bill of Rights is not there. where the Civil War began. It was in for the high school quarterback. The So my objective here, as I speak, will my home city of Charleston where Bill of Rights is not for the prom not be to somehow persuade the other nearly 40 percent of all the slaves that queen. The Bill of Rights is there to side that your decision is wrong. I came to America would come through protect the unprotected, the man or don’t think that is my responsibility in Charleston, SC. It was a Charles- woman in America who might want to nor my intention. My goal isn’t even to tonian who came up with the concept do things a little differently. He under- persuade those who believe that JEFF written into our Constitution of three- stands that very, very clearly. SESSIONS will not be a good U.S. Attor- fifths of a man—a Charlestonian. At some point, we all have to stop re- ney General that they are wrong. I But it was also Charlestonians who, gretting yesterday, and we have to simply want to share information. I in 2010 had a choice between Strom start creating tomorrow, and that is want to share facts. I want to share, as Thurmond’s son and a young—I use the point we are at. Paul Harvey used to say, ‘‘the rest of that word liberally—African-American I unconditionally support Senator the story,’’ because if you read the guy named TIM SCOTT. JEFF SESSIONS to be the next Attorney news reports, you walk away with a The evolution that has occurred in General of the United States of Amer- clear picture based on facts but not the South could be seen very clearly on ica. necessarily a clear picture based on this day in Charleston. The very first I yield the floor. truth. There has been a distortion in shots of the Civil War were in Charles- The PRESIDING OFFICER (Mr. LEE). many arenas, in many echo chambers ton. They gave me the privilege of rep- The Senator from South Carolina. about who he is and why I support him. resenting them in Congress, over the Mr. SCOTT. Mr. President, before I My good friend CORY BOOKER last son of Strom Thurmond, over the son get into my speech regarding Senator night spoke about a true American and the namesake of one of the most SESSIONS, I wanted to talk a little bit hero, JOHN LEWIS. JOHN LEWIS is an popular Governors in South Carolina, about what occurred last night. American hero. I know that this may Carroll Campbell, Jr. I thank God that First, there is no doubt in my mind or may not be popular with everyone in the South Carolina that I have come to that the letter written by Coretta the Chamber or everyone in America know, the South that I have had the Scott King should be read by each and on the conservative side or the liberal experience to enjoy is a different every Member of this Chamber. Re- side, but the reality of it is this. He South. It is a different Charleston than gardless of whether you disagree with was beaten within an inch of his life so my grandfather knew in his 94 years. her conclusions, her standing in the that I would have the privilege—not to But my life has not been one of privi- history of our Nation means her voice stand in the Chamber but—to vote, to lege, of promise. should be heard. What I took issue with simply vote. As I said just a few nights ago, I was last night and the true violation of rule We should all thank God for the sac- born into a single parent household, XIX in my eyes were the remarks rifices of men and women so that peo- living in poverty, nearly flunking out

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.365 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S950 CONGRESSIONAL RECORD — SENATE February 8, 2017 of high school. I have been called ev- issues of race, issues of fairness. I say I just wish that my friends who call erything that you can think of from a that because, as I think about some of themselves liberals would want toler- racial perspective—good, not too often the comments that have come into my ance for all Americans, including con- bad, very consistently. So I understand office over the last several weeks, I am servative Americans. I just wish that that there is room for progress. There used to being attacked. If you sign up my liberal friends who are self-de- is a need for us to crystallize what we to be a Black conservative, the chances scribed liberal would want to be inno- are fighting about, who we are fighting are very high you will be attacked. It cent until proven guilty and not guilty for, and how we are going to get there. comes with the territory, and I have until proven innocent. This is an important day and an im- had it for 20 years, two decades. But So back to my findings on JEFF SES- portant issue, and the U.S. Attorney my friends and my staff are not used to SIONS. I brought JEFF SESSIONS to General is perhaps one of the most im- the level of animus that comes in from Charleston. And you can read about it portant decisions I will make about the the liberal left who suggest that I in the Post and Courier, the local news- Cabinet of President Trump. I will tell somehow am not helpful to the cause of paper. The pastor said that JEFF SES- you that, for me, this has been a chal- liberal America and therefore I am not SIONS was warm and friendly, engaging lenging journey, one that I have not helpful to Black America because they and competent. taken lightly because, as I said earlier, see those as one and the same. Now, I will say that the response I am going to be Black when I leave I brought some of the pages of chats from the NAACP and the NAN, the Na- this body, and so when I think about that I have from folks, the comments I tional Action Network, about the some of the comments and some of the get from Twitter about my support of meeting that I had with the African- challenges for JEFF SESSIONS around JEFF SESSIONS: American pastors—that it was out- the 1986 process, the trial of the KKK Tracy V. Johnson sent in ‘‘Sen. Uncle rageous that I would invite African- and the trial of the Turner family, an Tim Scott.’’ American pastors to meet with this African-American couple—they were ‘‘Everyone from SC who happens to guy and they didn’t have an invitation. defendants he brought to court—I have be a left winger knows that Tim Scott So I invited two of their leaders. I heard it, and I wanted to know more is an Uncle Tom. [‘‘S’’] is docu- didn’t tell anyone who was coming be- about what it is we are talking about, mented.’’ ‘‘S’’ is not for Scott; it is for cause I wanted folks to come into the not by reading it in the paper but by fertilizer. room and make their own decisions and calling folks in Alabama, under- SGaut says: ‘‘A White man in a black come to their own conclusions. They decided not to come. Maybe it was be- standing with new eyes who JEFF SES- body: Tim Scott backs Jeff Sessions for cause a conservative invited them. I SIONS is—not the guy I serve with but attorney general.’’ the guy who will have the most power- Until 3 weeks ago the only African- don’t know why. But I wanted everyone to have a chance, and they did. It was ful position in law enforcement. I American chief of staff in the U.S. Sen- interesting. wanted to know firsthand who he was ate out of 100 was the chief of staff for Here are some other interesting facts a Republican. The second African- before he was nominated and how he that I have not seen often in the press, American chief of staff in the U.S. Sen- would respond in a room filled with Af- which I think is a very important ate is the chief of staff of a Republican. rican-American leaders. point. I and my best friend in Congress, Yet they say of my chief of staff that All of us who engage in conversations TREY GOWDY, for a very long time she is ‘‘high yella,’’ an implication that around this Nation about race and jus- throughout South Carolina have held she is just not Black enough. tice, to only have part of the story is meetings of African-American pastors I go on to read from folks who want- just an unfortunate reality that we and leaders coming together with law ed to share their opinions about my en- should get used to that I haven’t got- enforcement to try to bridge the gap dorsing JEFF SESSIONS: ten used to. But the reality is, 50 years ‘‘You are a disgrace to the Black that is obviously broken, bridge the ago, in 1966, Senator SESSIONS cam- gap that obviously exists between law race!’’ paigned against George Wallace’s wife Anthony R Burnam @BurnamR says: enforcement and African-American for Governor. As a Senator, JEFF SES- ‘‘You an Uncle Tom Scott aren’t you? leaders. So I brought JEFF SESSIONS SIONS voted in favor of a 30-year exten- down to see from a distance how he Sessions. How does a black man turn sion of the Civil Rights Act. He was interacts with these African-American on his own.’’ one of only 17 Republicans to support pastors, hear the tough questions on Anthony B. from @PoliticalAnt says: the first Black Attorney General, Eric Walter Scott and other issues so I can ‘‘Sen. Tim Scott is not an Uncle Tom. Holder. He spearheaded the effort to have an appreciation and affinity of He doesn’t have a shred of honor. He’s award the Congressional Gold Medal to how the Justice Department under his a House Negro, like the one in Jango.’’ Rosa Parks, an Alabama native and leadership would act. He also writes—I guess Anthony civil rights icon. I take this responsibility seriously, Burnam has been active on my Twitter As CORY BOOKER, my good friend and I wonder if my friends in the feed—that I am ‘‘a complete horror . . . from New Jersey, said last night as I Chamber have had a chance to see what a black man [who is] a racist.’’ presided, he and JEFF SESSIONS worked others think—not the political echo ‘‘Against black people’’ wonderfully well together in awarding chamber, not the organization, but ‘‘Big Uncle Tom [piece of fertilizer]. the Congressional Gold Medal to the run-of-the-mill people. You are a disgrace to your race.’’ foot soldiers of the civil rights move- So I had that experience, and I will I left out all the ones that use the ment in Selma, AL. tell you that without any question, the ‘‘N’’ word. I just felt that would not be Here is another part of the story that conclusion that I have drawn is a pret- appropriate. just hasn’t seemed to break through ty clear conclusion. I am glad that I You see, what I am surprised by, just the threshold of our national media on dug into the issue. I am glad I took the a smidgeon, is that the liberal left that JEFF SESSIONS’ support within the time to know JEFF SESSIONS the best I speaks and desires for all of us to be Black community. As I started making can from what I have read from 1986, tolerant does not want to be tolerant phone calls to leaders in Alabama who what I saw in my own home city of of anyone who disagrees with where were Black and Democrats, I was very Charleston, with a provocative history they are coming from. So the defini- surprised at what I started hearing on race. tion of ‘‘tolerance’’ isn’t that all Amer- about JEFF SESSIONS. I will start with We are at a defining moment in our icans experience a high level of toler- an Alabama native, Condoleezza Rice, country, not because of the Attorney ance; it is all Americans who agree who is not a Democrat but who is an General, not because of the debate we with them experience this so-called Alabama native. She said: SESSIONS has are going through in this body, but be- tolerance. worked hard to heal the wounds in Ala- cause our country is being pulled apart I am not saying this because it both- bama brought on by the ‘‘prejudice and from extremes on both ends. This is ers me because, frankly, I have experi- injustice against the descendants of not healthy for our country. Too often, enced two decades of this. You don’t slaves.’’ too many particularly on the right are necessarily get used to it, but you Willie Huntley, an African-American found guilty until proven innocent on don’t find yourself as offended by it all. assistant U.S. attorney under JEFF

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.366 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S951 SESSIONS, now an attorney in Mobile, the lawyer for Martin Luther King, Jr., In Conecuh County in 1983, JEFF SES- AL, has known JEFF SESSIONS for more Rosa Parks, and the Tuskegee men. We SIONS joined in bringing the first law- than 30 years and said in an interview are not talking about someone who suit in the history of the Department that he has never encountered racial doesn’t understand and appreciate the of Justice to stop the suppression of insensitivity from SESSIONS in the weight and the importance of civil African-American voting rights. In three decades they have known each rights in this Nation. United States v. Conecuh County, the other. William Smith was hired as the first DOJ Civil Rights Division, along with Alabama Senate Democratic leader African-American Republican chief JEFF SESSIONS, sued white Conecuh Quinton Ross said of JEFF SESSIONS: counsel to the Senate Judiciary Com- County election officials, including the ‘‘We have talked about things from mittee by JEFF SESSIONS. He said: chair of the local Republican Party. civil rights to race relations, and I Jeff Sessions is a man who cared for me, Finally, Dallas County. In 1978, the think anyone—once you gain a position who looked out for me, and who had my best Department of Justice used Dallas interests in mind. So, anybody who says any- like that, actually partnership has to County, AL, to replace its at-large thing different simply doesn’t know Jeff Ses- election system and go to a single- go aside because you represent the sions. United States and all the people. . . . I member district so that African Ameri- One last statement. This is an impor- cans would have a better chance to be feel confident [JEFF SESSIONS] will be tant one from my perspective. elected. JEFF SESSIONS supported it, an attorney general that will look at it I mentioned earlier that there was a the ACLU supported it, as did the from all perspectives to just do what’s case against a couple, the Turner cou- DOJ’s Civil Rights Division. They were right for the citizens of the United ple, where JEFF SESSIONS was the pros- successful. States.’’ ecutor, and the Turners were being Finally, on the criminal justice issue That is from an African-American prosecuted for some voter rights issues. that I support, according to Senator Democratic leader in the Alabama Interestingly enough, what you don’t DICK DURBIN, who said during the con- State Senate, Quinton Ross. hear in the news, by the way, is that firmation hearing that JEFF SESSIONS From former Obama administration the case was brought by other African saved thousands upon thousands of Surgeon General Regina Benjamin: ‘‘I Americans in Alabama against an Afri- years of Black men’s lives because of think he’ll be fine. I consider him a can-American couple, the Turners. his push to reduce the disparity be- friend. . . . At least he will listen as at- This is from Albert Turner, Jr., the son tween crack and powder cocaine from torney general. My hope is that he’ll do of the two defendants in that case. He 100 to 1, to where it is today. JEFF SES- what is best for the American people.’’ says: SIONS even fought against the Bush ad- Former Deputy Attorney General While I respect the deeply held positions of ministration to bring that disparity Larry Thompson says this. Larry is 71 other civil rights advocates who oppose Sen- ator Sessions, I believe it is important for down. years old, so we are not talking about In conclusion, as I reflect on the folks who grew up in my New South me to speak out with regard to Senator Ses- sions personally. First, let me be clear. Sen- brave men and women who have shaped that I talked about earlier. Still we are ator Sessions and I respectfully disagree on this country, who have fought for my working through it, but, boy, we have some issues. That won’t change when he is freedom, for me to participate fully in changed. This is a 71-year-old who says the Attorney General of the United States. this Republic—the greatest experiment And I expect that there will be times, as it of JEFF SESSIONS: ‘‘He doesn’t have a of self-governing the world has ever racist bone in his body.’’ He said: ‘‘I is with all politicians, when we will legiti- mately disagree and I will be required by my known—we have an obligation to judge have been an African American man a man not by the color of his skin nor for 71 years. I think I know a racist conscience to speak out. I look forward to those constructive debates, if necessary. by the State of his birth, but by the when I see one. JEFF is far from being However, despite our political differences, story his life tells and by the content a racist. He’s a good person, a decent the Senator and I share certain Alabama and of his character. person.’’ American values, including love of our JEFF SESSIONS has earned my sup- State, its people, and our country. Gerald Reynolds, former chairman of port, and I will hold him accountable if the U.S. Commission on Civil Rights: I have known Senator Sessions for many years, beginning with the voter fraud case in and when we disagree moving forward. ‘‘During my discussions with Senator Perry County in which my parents were de- Thank you, Mr. President. SESSIONS and his staff, it was clear fendants. My differences in policy and ide- The PRESIDING OFFICER. The Sen- that the senator has a strong interest ology with him do not translate to personal ator from Colorado. in ensuring our nation’s antidiscrimi- malice. He is not a racist. As I have said be- Mr. BENNET. Mr. President, I see nation laws are vigorously enforced. fore, at no time then or now has Jeff Ses- the majority leader of the Senate. I Senator SESSIONS is a man of great sions said anything derogatory about my will suspend until he has finished. character and integrity, with a com- family. He was a prosecutor at the Federal The PRESIDING OFFICER. The ma- level with a job to do. He was presented with mitment to fairness and equal justice evidence by a local district attorney that he jority leader. under the law.’’ relied on, and his office presented the case. Mr. MCCONNELL. Mr. President, I Just a few more. That is what prosecutors do. I believe him just wanted to congratulate the Sen- Fred Gray. Fred Gray is an iconic fig- when he says that he was simply doing his ator from South Carolina for a very, ure in civil rights, for those of us who job. very meaningful and effective presen- may not be familiar with him. Fred JEFF SESSIONS has also worked on tation on behalf of our colleague, Sen- Gray is an African-American civil civil rights cases, including the KKK ator JEFF SESSIONS. rights attorney. He represented the murderer Henry Hays in 1981. The PRESIDING OFFICER. The Sen- Reverend Dr. Martin Luther King, Jr. JEFF SESSIONS worked with the De- ator from Colorado. He represented Rosa Parks. He rep- partment of Justice attorneys, the Mr. BENNET. Mr. President, I too resented the Tuskegee men who were FBI, county investigators, and the wish to congratulate my colleague exploited in the syphilis experiment by county district attorney to solve the from South Carolina on his remarks. the government. This is what he said in murder of a 19-year-old African Amer- We don’t share the same view on this, this letter from 2016: ican, Michael Donald. SESSIONS and the but he is an important voice in the What would be more noteworthy for the U.S. Attorney’s Office prosecuted Senate, and I am glad that he is a col- State of Alabama than having an Alabamian ‘‘Tiger’’ Knowles as an accomplice, ob- league on the Education Committee in follow in the footsteps of the late Mr. Justice taining a guilty plea and a life sen- the Senate. Hugo Black? Previously I have expressed ap- tence in Federal court. After hard in- As a matter of fact, the other day I preciation for your acts herein stated. I look vestigative work, SESSIONS shifted the said that I wish the President had the forward to working with you in any future case of the KKK murderer Henry Hays sense to appoint him Education Sec- capacity in which the Lord permits you to to the State court where he received retary. The kids whom I used to work serve. the death penalty, which was not avail- for in the Denver Public Schools would That is a quote from a letter that he able at that time at the Federal level. have been very, very well served by wrote to JEFF SESSIONS. USA v. Bennie Jack Hays is another him. We are talking about a hero of the successful case against the KKK that The President, of course, is entitled civil rights era. We are talking about JEFF SESSIONS participated in. to choose his team, and that is partly

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.368 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S952 CONGRESSIONAL RECORD — SENATE February 8, 2017 what elections are about. The Attorney It still hasn’t passed the House. It ington—that was pretty good in and of General, more than any other Cabinet has never even gotten a vote on the itself—to go home to Colorado. On Fri- official, must be the people’s lawyer, floor of the House of Representatives. day, I went to Dunn Elementary an advocate for the rule of law above Senator SESSIONS claimed during School in Fort Collins, CO, where Kara all else. that debate that our bill would have Roth’s fifth grade class welcomed 26 My office has received nearly 23,000 ‘‘dramatically increased incidence of new Americans from 13 countries to calls and emails opposing this nomina- criminal alien violence, officially le- the United States. It is an Inter- tion. Many of them I cannot read today galizing dangerous offenders, while national Baccalaureate program in this on the floor for fear of violating the handcuffing immigration officers from elementary school. This is an annual Senate rules. But it is clear from these doing their jobs.’’ event. comments that young Coloradans who He claimed it would have legalized We were there in the gym, and the came to the United States and know no ‘‘thousands of dangerous criminals fifth graders were there singing; a other country but this country, who ar- while making it more difficult for our young girl had won an essay contest on rived here illegally, but, through no officers to identify public safety and ‘‘What it Meant to be in America.’’ fault of their own, fear they will be de- national security threats.’’ There was a color guard. Kids came in ported back to a country they don’t Senator SESSIONS claimed our bill wearing their Boy Scout uniforms to know—it is clear to me from the com- would lead to a ‘‘huge increase in im- post the colors, the American flag, and ments that I have received in these let- migration,’’ invite a flood of immi- the flag of Colorado. The fourth grad- ters that Coloradans in the LGBTQ grants into our Nation who would steal ers were there watching what they community fear that an Attorney Gen- jobs from ‘‘struggling American work- would be doing next year as fifth grad- eral SESSIONS would turn a blind eye ers.’’ ers. toward discrimination. It is clear from These claims are demonstrably un- There was no need for a politician to these comments that Senator SESSIONS true. If our bill had become law, we tell anybody in that room that Amer- has not earned the confidence of many would have secured our borders, we ica is an exceptional country. No poli- Coloradans who may soon rely on him would have bolstered internal security, tician needed to say that to the fifth to protect their rights and to identify we would have better protected Amer- graders in Mrs. Roth’s class who were abuses of constitutional power. And ican workers, and we would have studying the Constitution and studying Coloradans, many of whom I know, strengthened our economy. immigration. We certainly didn’t need fought for equality and justice during Contrary to his characterization of to tell that to the immigrants from all the civil rights movement, and fear what was in that bill, the 2013 bill pro- over the world. I think I mentioned, that it will turn back much of the vided far greater security than Presi- they were from 13 different countries. progress we have made. dent Trump’s plan. One of the great parts of the cere- We have a disagreement about Sen- The first two words in the title of mony was when they asked people to ator SESSIONS’ role before he came to that bill were ‘‘border security.’’ That stand up to the country from which the Senate, but the fundamental rea- has been completely ignored by the they came, and fifth graders also stood son I object to his nomination as At- critics. It has been completely ignored up if they were from that country. torney General is that he led the fight by people who want to make an issue There were kids from China; there were in 2013 against our bipartisan effort to out of this in national campaigns. But kids from Mexico standing up in this reform the broken immigration system the reality is it provided billions of fifth grade class; incredibly, three kids in the United States. And I sat here on dollars toward new technologies to from Libya whose parents are at the this Senate floor night after night university in some capacity in Fort monitor the border. It called for the after night listening to the Senator use Collins. building of a 700-mile fence. By the fear and inaccuracies to derail our best As always in these naturalization way, none of the rest of it would come chance in years to fix this broken im- ceremonies, people had tears in their to pass until we took care of the bor- migration system. eyes because as one of them once said Now, in time, I have come to under- der. to me at another time in Colorado, his Nearly 20,000 new Border Patrol stand that people come to this floor dream had come true the minute he be- and they don’t always—they are not al- agents—four times more than ordered came a citizen of the United States be- ways accurate in what they say. Some- by President Trump and double the cause he knew his children would be times they don’t mean to be accurate; current number—and not paid for by citizens of the United States of Amer- sometimes they are just mistaken. raising taxes on the American people ica. Everybody in the room knew that. That was the first time I had ever at our border with Mexico, not paid for What is important for us is these heard that kind of relentlessness, say- in a way that would destroy our trad- fifth graders’ perspective on American ing things that just weren’t right. I am ing relationship with Mexico, but paid government, on democracy, and on the being careful with my language be- for by fees that people were paying as history of this Republic I think prob- cause of last night’s ruling. they were becoming lawful in the ably may not be quite exactly right be- He claimed that our bill—and, by the United States of America. It had pro- cause they, thank goodness, have been way, that bill, unlike almost anything tections in the bill for American work- untarnished by special interests, that has happened in this place in the ers to ensure that employers hired untarnished by campaign money and 8 years that I have been here—started American labor first. I know he ob- partisan fighting, and power struggles out as a bipartisan effort, four Demo- jected to this, and I understand we had that have nothing to do with the Amer- crats and four Republicans working to- a difference of opinion, but the bill in- ican people or their priorities. gether for 7 or 8 months in a room try- cluded a tough but fair path to citizen- Their view of what the essence of ing to solve each other’s issues. ship, requiring people to go through self-government is all about is really There is a lot about the Senate today background checks as part of a long what it is all about. It is really what that the American people should not path to citizenship. we are supposed to be doing here: a and cannot be proud of, and I will come During the Presidential campaign, commitment to a republic and democ- to that in a minute. But as to the work Senator SESSIONS advised President- racy, a commitment to the rule of law, of the Gang of 8, I would have been Elect, now-President Trump on immi- a commitment to the separation of happy for people to have seen what gration policy. In fact, my under- powers. The stuff they are reading in happened behind closed doors in those 7 standing is the President’s immigra- their little Constitution just like this months. It is how the Senate ought to tion Executive orders—including one one is what this place is supposed to be operate. It went to the Judiciary Com- being challenged in court—mirror Sen- about. It is supposed to be what we are mittee where Democrats and Repub- ator SESSIONS’ positions. These posi- doing here. It is the reason why I am licans together amended the legisla- tions are antithetical to our history, to objecting to this nomination. tion. They made it better. And then it our values, to whom we are as a coun- TRUMP ADMINISTRATION AND THE JUDICIARY came to the floor of the Senate and we try. AND FREE PRESS had more amendments, and it passed Last Friday was the highlight of my More than that, I feel compelled to with 68 votes. year. I got on a plane and I left Wash- talk a little bit about President

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.370 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S953 Trump’s attacks on the judiciary and versity, Trump attacked Judge Robart. ver Post noted, and it is worth remem- free press over the last several weeks ‘‘Just cannot believe a judge would put our bering this, there are journalists who since he has been sworn into office, country in such peril,’’ the president posted have lost their lives trying to cover since he has taken the oath of office to on Twitter on Sunday. ‘‘If something hap- this story to have us better understand pens blame him and court system. People what is happening in the Middle East, be President of the United States. He pouring in. Bad!’’ has repeatedly undermined the credi- Had the president stuck to defending his what the threat of terror looks like, bility of Federal judges doing their executive power, he would have been on solid and have been beheaded on television constitutional duty to uphold the rule ground. But surely it is outrageous to argue because they took that risk. of law simply because he disagrees with that, in making a ruling based on his review With respect to the judges, for years them. of the law, Robart deserves to be held ac- it has been so painful around here to The Vice President said the other countable for any lawless action perpetrated get anybody confirmed. I see these from terrorists long sworn to harm Ameri- folks who are lawyers who have to put day: There is a tradition in America of cans. one branch of government criticizing their law practice on hold for some- Then, on Monday, Trump told members of thing that should be the greatest re- another branch of government. There the military that news organizations have is no tradition, that I am aware, of a been intentionally covering up terror at- flection of achievement of their life, President meddling in an ongoing case tacks, saying that ‘‘in many cases the very, being appointed to a Federal district in an article III court. very dishonest press doesn’t want to report court in this country, and who wait Just today, he called our courts ‘‘po- it. They have their reasons, and you under- and wait and wait because of the un- stand that.’’ conscionable delay and disputes and litical.’’ That is about the most dam- To back his assertion, Trump pointed to partisan bickering that happens here aging thing you could say about our the exhaustively reported terror attacks in instead of getting people on the court independent judiciary. He said that Paris and Nice. to do the job that they need to do. American journalists have been killed re- last night’s Federal appellate hearing Now we are going to be in the busi- was ‘‘disgraceful.’’ A decision hasn’t porting on terrorists. They’ve been beheaded. It would be impossible to calculate how ness of accusing judges and the judici- even been rendered in the case, and he ary of being crooked, of not following is saying it is ‘‘disgraceful.’’ many words have been written in the overall war-on-terror beat. To suggest that some the law, of just playing politics. I think Earlier this week, he accused what he kind of shared bias exists throughout Amer- it is really important for us—not just called ‘‘dishonest’’ American journal- ican newsrooms so strong that it compels Democrats but also Republicans—and I ists of, his word, ‘‘ignoring’’ terrorist journalists to hide truth and thereby endan- know my colleague is here from Flor- attacks in the name of some unnamed ger the public is as dangerous as it is demon- ida. I wish to say in this body how hidden agenda. strably untrue. So, once again, Lying Trump takes the much I appreciated his comments last I wish to say, I sat through the last night. He may not appreciate that I am speech at some length, and I want to stage. When he can’t make the grade, he blames others. Doing so is a common enough saying that, but I appreciate his com- make sure I get it on the record; so human reaction to personal weakness, but to ments because a lot of what he said I through the Chair, I beg the indulgence falsely suggest—based on the known evi- completely agree with. of my colleagues for a few more min- dence—that members of the judiciary and I know it has become fashionable to utes. the press are somehow on the side of enemies tear down rather than work to improve Mr. President, I ask unanimous con- of the state points to either a cracked mind, the democratic institutions which gen- sent that the editorial be printed in the or something more sinister. erations of Americans have built. This Americans shouldn’t buy what our presi- RECORD. place didn’t get here by accident. It is There being no objection, the mate- dent is selling. The truth is Trump botched what could have been a reasonable attempt not a fluke. The Founding Fathers rial was ordered to be printed in the to make the country safer. His mistakes would be shocked—shocked—to know RECORD, as follows: gave our enemies a huge morale and recruit- this Republic still exists. They would [From the Denver Post, Feb. 6, 2017] ing boost. And his bashing of others is as un- be proud. I think they would be proud WITH LATEST BASHING, LYING TRUMP GETS seemly as it is dishonest. of the progress we have made, but they SINISTER INDEED Mr. BENNET. The Denver Post edito- would be shocked, at the time they (By The Denver Post Editorial Board) rialized yesterday, stating the obvious were compromising with one another— Donald Trump’s weekend bashing of a fed- horrible truth here: slave owners and abolitionists, compro- eral judge, and Monday’s attack of news or- American journalists have been killed re- mising to create this Republic that had ganizations for supposedly sharing a hidden porting on terrorists. They’ve been beheaded. never existed in an expanse as big as agenda with terrorists, goes way too far, and . . . To suggest that some kind of shared bias the Thirteen Colonies geographically would seem out-there crazy if it weren’t also exists throughout American newsrooms so or with as many people in the Thirteen rather frightening. strong that it compels journalists to hide Colonies geographically—for them to Where to begin? Let’s hope that President truth and thereby endanger the public is as see this about 240 years later from dangerous as it is demonstrably untrue. Trump wasn’t aware of an imminent terror coast to coast, 330 million people, the plot in his rush to slam down his refugee and That is right. It is dangerous. It is travel ban. For if he was, his approach to the strongest military on the planet, the dangerous for the leader of the free strongest economy on the planet, a threat has backfired so horrendously it could world to be saying that journalists are be some time before his administration is place where people want to come—just able to reinstate it, or, hopefully, a more crooks; that the facts they are pub- as my mother and her parents came— thought-out version. Now that Judge James lishing in newspapers and online are to build opportunity for the next gen- Robart rendered the travel and refugee order untrue when they are true. It is dan- eration. That is incredibly special in unenforceable, it is likely that the matter gerous when we are engaged in an ex- the history of humankind. As I think won’t be resolved until it makes it to a di- periment of self-government that goes my colleague from Florida was saying vided U.S. Supreme Court, where its chances back about 240 years to the founding of last night, we need to treat it with a could meet the futility of deadlock. this country to refute things that are little more care. We hope Trump sees the error in his strat- absolutely true as false and to claim egy. Even for the president of the United I am not just talking about the Sen- States, working to achieve on-the-ground re- that the reason they are being raised is ate. I am talking about our responsi- sults within our massive federal government because people lack integrity; that bility to provide oversight for this ad- takes skill, and some buy-in from those journalism is all about false news. ministration. I am talking about the charged with making it so. The White House put out a list of, I importance for us to set an example for Trump’s order had none of that. Officials think it was in the seventies, of ter- the children I saw last Friday at the in all the relevant agencies knew too little rorist attacks they claim had never naturalization ceremony, just as they about it until it went into effect. No wonder been reported, and newspaper after are setting an example for us. lawsuits resulted, and that one of them per- newspaper after newspaper had to run None of us is going to be here forever. suaded a judge to block the order. lists of the events that the White Sadly, Trump doesn’t appear to have got- We have a lot of work to do. There are ten the message. Just as he did on the cam- House described as unreported and then a lot of people here and around the paign trail, when he insulted a judge by have links to the stories in their own world who are counting on us to pull claiming his Mexican heritage disqualified newspapers and other newspapers that ourselves together and start making him to rule in a case involving Trump Uni- had reported on terrorists. As the Den- this place work.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.371 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S954 CONGRESSIONAL RECORD — SENATE February 8, 2017 I will finish by saying that I think in United States and Russia had a better The second is a crackdown in inter- this world of social media, it is also relationship and, in particular, with nal dissent. For that, I think the evi- critically important for us to remem- the Russian people, with whom we have dence is overwhelming. I know we have ber the importance of edited content no quarrel. I also think we have a re- all heard recently about the case of and the work that journalists do. There sponsibility to understand what the ob- Vladimir Kara-Murza, who is a Russian is not a class of school kids whom I stacles are to better relations. political opposition leader. He is a don’t impose at least that thought on, It is in that context that I come to vocal critic of Vladimir Putin. He as they think about the research they the floor of the Senate today because I works at something called the Open are doing for their papers and the work had a lot of people ask me over the last Russia Foundation, an organization of we need to do as Senators. week, over the last few months: Why is activists who call for open elections, a I thank my colleagues for their in- it that you have such views about our free press, and civil rights reforms in dulgence. Thank you for allowing me relationships with Russia on the way Russia. to speak on this floor. It is a great forward? This is an interesting thing to talk privilege to be here, but it is a privi- I want to take a moment to discuss about because there has been a lot of lege we need to exercise in a way that that in the broader context, with ev- discussion on this floor a moment ago actually reflects the values of this erything else that is happening here about the press and a lot of discussion country and the expectations that the now. Even as we work through these about elections, of course, over the last American people have for us to address nominations, the world continues to year and longer. There has been a lot of their priorities. turn, and events around the world con- discussion about civil rights. Think Mr. President, I yield the floor. tinue to have an impact on us here. about this. This is what the Open Rus- The PRESIDING OFFICER. The Sen- Let me begin by saying this. I don’t sia Foundation works for and on behalf ator from Florida. think this is a fact that can be dis- of in Russia. RUSSIA puted. Vladimir Putin today has In America, when you believe that Mr. RUBIO. Mr. President, first, I do amassed more power in Moscow and civil rights are being violated at this appreciate the words of my colleague Russia than any leader in Russia in moment in our history or you think from Colorado, and I thank him for about 60 years, if not longer. He used to the election system isn’t working the them, and that topic deserves more dis- maintain that power through a pretty way it should or you are defending the cussion on the floor of the Senate. straightforward deal that he had with press, as my colleagues have done here One of the things that always gives both elites and the broader society. today in the right of a free press, you me extraordinary pride to be an Amer- Here is the deal he used to have with have a bad blog post written about you, ican and to be a Member of the Senate them. The deal was this: I will help someone may run against you for of- is the realization—as I sat here today you—especially the elites—make a lot fice, cable commentators will say and listened to my colleague from of money and become very wealthy, nasty things about you from the other South Carolina, Senator SCOTT—that and I will help society at-large by help- side, maybe somebody will stand up on neither my ancestors nor his were par- ing to grow our economy. In return, the floor and criticize you for this or ticipants in terms of structuring this however, I need complete power and that. Republic. Yet this Republic is so grand complete control of the government. Let me tell you what happens when that it has plenty of room for people That was basically the arrangement you do that in Russia. They poison like me and him and so many others he had up until just a few years ago you. Kara-Murza is believed to have participating—including here, as one of when a combination of falling oil been poisoned in February 2017; after only 100 Americans who are entrusted prices and economic decline forced he experienced organ failure, and he is with the responsibility of representing them into a different direction. The currently in the hospital—just this our States and also upholding our Con- new model that Vladimir Putin is now month. This comes 2 years after an- stitution in this body. pursuing in Russia is one in which he is other suspected poisoning that nearly The Senator from Colorado is also basically trying to gin up and rally killed him in May 2015. right in talking about the role of the public support, and he is largely doing I want to take a moment to urge the Senate not just in terms of passing it through a foreign policy which is ag- administration to do everything in laws but in conducting oversight irre- gressive and which is designed to cre- their power to ensure that he is receiv- spective of who occupies the White ate an impression among the Russian ing the medical care he needs and to House. It is a difficult thing to do these people that Russia has now been re- help determine who was behind the lat- days because everything in American stored to great power status—a status est apparent attempt against him. politics is covered through the lens of equal or on par with that of the United If this was an isolated case, you politics and of elections. Almost imme- States. would say: Well, maybe something else diately, whatever I say here on the The first thing we have to under- happened. There is an incredible num- floor today will be analyzed through stand is that much of what Vladimir ber of critics of Vladimir Putin that the lens and construct of elections past Putin does is not in pursuit of an ide- wind up poisoned, dead, shot in the and elections future. What is he trying ology, like the Soviet Union did. It is head in their hotel room, found in the to achieve or what are any of us trying about domestic politics in Russia and street, and other things. to achieve politically? There is a place about needing the Russian people to In other instances, just today we for that. I think we are not foolish believe that he and his strength are es- have this article from the Wall Street enough to believe there is no politics in sential to what Russia has. So much of Journal about someone who was think- politics. it is about that. ing about running against Vladimir There is also something that is in- What are the prongs of the strategy? Putin. Alexei Navalny was thinking credibly important, and that is the The first is that he has sought to make about running for President. Constitution that every single one of their military modern and strong, and So what happens in America when us is sworn to uphold. It is a pledge I you see evidence of that in the fact somebody thinks you are going to run again took recently on these very steps that while Russia is going through for President? They do an opposition a few feet away from where I stand crippling budget cuts as a result of a research file. They plant negative sto- here now a few weeks ago. downturn in the global economy, oil ries about you. They start bad- Part of that is, in fact, to oversee the prices falling, and sanctions against mouthing you on cable news. That is foreign policy conduct of the United the Putin government, they are in- unpleasant, no doubt. He was found States. As many of us are aware, there creasing defense spending. They are guilty by a kangaroo court of corrup- has been recent discussion in some cir- modernizing. They are adding capabili- tion, which, of course, according to cles, including in my party, about a de- ties. They are, for the first time, al- Russian law, finds him and blocks him sire to achieve a better relationship though in a limited way, beginning to from running in next year’s Presi- with Vladimir Putin and with Russia. conduct naval exercises and projection dential election. By the way, I share that goal. I think of power in places they hadn’t been in Again, if this were an isolated case, it would be good for the world if the for 25 years or longer. you would say: Maybe this guy did

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.372 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S955 something wrong. The problem is, just and to the broader world and say that ISIS. There is certainly no more dan- about anyone who is either thinking the American political system is cor- gerous terrorist group in the world about running for office or challenging rupt. The American political system is today than ISIS. There is certainly no Putin winds up poisoned, dead, in jail, not a true democracy. The American more dangerous and capable a terrorist or charged and convicted of a crime. political system is as bad as all these group in Syria today than ISIS. The second thing he has done is just other systems in the world that they Isn’t that what he is already doing? completely crack down on all internal criticize. They do not come to this Why would we then have to cut a deal dissent. There is no free press in Rus- with clean hands. to encourage him to do what he claims sia. I would venture to guess that if I I often wonder sometimes if we con- to already be doing? There are only controlled 80 to 90 percent of the press tribute to that argument in the way we two reasons. Either No. 1, we think he reported about me, I would probably behave toward one another in our po- should do more, which in and of itself have approval ratings in the eighties litical discourse in this country. That tells you that he is not doing it; or No. and nineties as well. That is a pretty is something to think about in the long 2, because he is not doing it now. good deal for the leader but not for the term. I hope people understand that as Here is the second problem: this ar- people. we engage in these political debates in gument that as part of this whole ef- The third thing that is part of this this country, these things are being fort with Russia, one of the things we effort is that they are basically doing viewed around the world. For people would be able to achieve is to break them from the Iranians, to create some everything they can—Vladimir Putin— who may not have a clear perspective, sort of split between the Russians and to undermine the international order or if this information is being used neg- that is built on democracy and respect the Iranians. atively—by no means am I saying that I saw an article the other day talking for human rights. I think the example we should not have vibrant debate in about that as part of this endeavor. My of that is in various places. this country; we should, but I also argument to you is that we don’t really Look at what has happened in Syria. want people to understand—that often- need to do that. That is going to hap- Vladimir Putin gets involved in Syria, times gives off the perception that, in pen on its own. Say what you want, as not because he cares about humani- fact, our Republic is on the verge of soon as ISIS is destroyed in Syria and tarian crises—because, in fact, Russian collapse. Iraq or in both, the Iranians are going forces have conducted airstrikes in ci- We are in challenging times. We have to immediately not just push to drive vilian areas. We have seen the images. some strong disagreements, and often- the Americans out of the region but It is undeniable that it happened. It is times they become heated. I know for a drive the Russians out as well. by every definition of the word a war fact that there isn’t a single Member of The Iranians are not interested in re- crime to target civilians with military this body prepared to walk away from placing American influence in the re- weaponry. the Constitution or the liberties that it gion with Russian influence. They That is what has happened in Syria. protects and are enshrined therein. want to be the hegemonic power in the But for Vladimir Putin, it has been By the way, I don’t believe Vladimir region. As to this argument that we successful because his engagement ba- Putin is done in this effort. I think you somehow can peel them apart, my sically changes the conflict. He now are now going to see him continue to friends, that is going to happen all on has positioned himself in the eyes of interfere in Yemen. He can use that as its own. If we abandon there tomorrow, the Russian people and many people leverage against the gulf kingdoms, the Iranians would immediately turn around the world as a power broker in against the Saudis. to driving the Russians out as well be- the Middle East—in fact, as an alter- I think you are going to see him con- cause they want to be the hegemonic native to the United States in that re- tinue to engage in Egypt. He will go to power. They have long desired to be the gion. the Egyptians and say: The Americans hegemonic power in the region. That is This is part of his strategy. It wasn’t are always hassling you about human going to put them in conflict with the about Syria as much as it was about rights. Why don’t you just buy your Russians sooner rather than later at his goal of being able to go to the Rus- weapons from us? Why don’t you give some point here, at least to some level. sian people and say that we matter us a military base? We are never going The third thing I think we have to again on the global stage. In Ukraine, to give you grief about human rights. understand is that there is absolutely there was talk about moving toward We are a much easier and low-mainte- no pressure, no political rationale why the European Union in terms of eco- nance partner. Vladimir Putin needs a better relation- nomic relations. There was talk about I wouldn’t even be surprised to see ship with the United States at this joining NATO. Then he invaded Cri- him start dabbling in Afghanistan with time, at least not politically. He is not mea, and he kept it. He has funded sep- the Taliban, in some capacity anyway, going to lose an election, because if aratists forces in eastern Ukraine. and couch it in terms of fighting ISIS. you run against him, you go to jail. He There is no more talk of NATO, and We will see. My point is, it is not controls the press. He controls the po- there is no more talk of unifying the done. I bring all that up in the context litical discourse in the country. So one economy with Europe, and they kept of this suggestion among some, and I of the reasons we should always be ad- Crimea. The last few days we are start- think it is important to talk about it vocates for democracy is because ing to read open press reports of mobi- because I don’t think we should dismiss democratic leaders act much more re- lization and unusual activity among viewpoints. There are some, including sponsibly because they have to answer eastern Ukrainian separatists backed, in the administration, who believe that to their people, but in essence that is supported, trained, and equipped by the maybe we can do a deal with Vladimir not what you have in Russia. There is Russians, and we fear that new fighting Putin where he helps us fight against really no reason or rationale why he could be imminent at any moment ISIS and in return we lift sanctions. would be pressured to have a better re- once again. The argument that I hear from people lationship with us. Then we have all heard the discus- is this: Why wouldn’t we want better Do the Russian people want a better sions about the elections in the United relations with Vladimir Putin and en- relationship with America? I have no States and the efforts of other govern- list them in the fight against ISIS? doubt about that, but I want you to un- ments to not just hack computers. It is I come here today in the context of derstand that everything they learn not about hacking alone. It is about everything I have laid out to tell you about our relationship with them is the strategic placing of information, why I think that is unrealistic and largely derived through the Russian gathered through cyber intrusion, for deeply problematic. press. If you never had the pleasure of the purposes of undermining political Here is No. 1. Why do we have to do watching, for example, the RT Network candidates and, therefore, influencing a deal with Vladimir Putin to fight on television, and you are interested in the election. ISIS? He already claims that he is. In comedy and satire, I encourage you to There was something deeper here. It fact, that is the way he describes their tune into that station from time to was part of a broader effort to discredit operations in Syria—as an anti-terror time so you can see an alternative rep- our Republic and our democracy, to be operation. There is no more dangerous resentation of events that would star- able to go back to the Russian people terrorist group in the world today than tle you, and perhaps make you laugh.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.374 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S956 CONGRESSIONAL RECORD — SENATE February 8, 2017 This is unfortunately the sort of media until these efforts to undermine de- human rights that has kept the world information that filters to the Russian mocracy and spread misinformation out of a third world war, and I think it people that Vladimir Putin and the are fully accounted for. is important for us to do that. Kremlin completely control. The second is, I think it is important I think that is important and why we Here is the fourth and perhaps most for us to reaffirm our commitment to need at least to be prepared in this important reason I think this endeavor NATO, and that includes the building body, if necessary, to move forward is unrealistic and perhaps even coun- up of defenses and exercises, that we with legislation that doesn’t just cod- terproductive. The price you would continue to do that firmly, not just ify existing sanctions but that prevents have to pay is simply too high in re- with our NATO allies but with any na- the lifting of those sanctions, unless turn for the alleged benefit that would tion who seeks cooperation with us. the conditions in those sanctions are come about. The third is careful but strategic en- met. This is our job. It is true that No. 1, the Russian Federation under gagement in the Middle East to the Presidents and administrations have Vladimir Putin has basically violated Iraqis, to make very clear that the an obligation, a duty, and a right to set every agreement they have made now United States will continue to be their the foreign policies of the United and in the past. They are violating the partner after ISIS falls; that we want States. There is no doubt about it. I cease-fire. They violated all sorts of ar- Iraq to be prosperous and free and that think that is true, no matter who is rangements with regard to arms reduc- we believe it is better for the world and the President. tions, and they will continue to do that we are prepared to help them achieve But it would be a mistake, and in my in any deal anyone cuts with him. that. opinion, a dereliction of duty for the The second is one of the first things To the Egyptians, we will continue to Senate and the Congress to not recog- he is going to ask for is the lifting of press them on human rights, and we nize that we, too, have a duty to shape all sanctions for both Ukraine and in- should. We should also be willing at the the foreign policy of the United States terference in our elections, in return same time—and, by the way, with the and the power to declare war in the for no changes to the status in Ukraine argument that respecting human budgets that we pass, in the laws and and no promise of not undertaking ef- rights is actually good for Egypt, that conditions that we put in place, and in forts like what happened here in the fu- in the long term these conditions that our ability to override vetoes, when ture. exist will lead to constant threats to necessary, even in the process of nomi- The third thing they are going to de- their government, but we can do that nating individuals to serve in the U.S. mand is recognition of a Russian while at the same time continuing to Government and the executive branch. sphere of influence in Eastern Europe, partner with them on military sales. I We not only have the power, we have especially in places that are now coun- think they would welcome a conversa- the obligation; the obligation to shape tries that were once part of the Soviet tion about trade and potentially a bi- and mold and direct the foreign policy Union. In essence, a United States ac- lateral trade agreement with them of this Nation, and if we don’t, then we ceptance officially or otherwise that about opening up avenues for business are not living up to the oath we took there are countries in the world who investment and so forth. when we entered this body, and that it are not allowed to enter into economic The fourth is to point out that if is not a political thing. This is not or military engagements with the they are not going after ISIS, then about embarrassing anyone. This is not United States unless Russia allows it. what exactly are they doing now? It is about partisan issues. It should never You think about that. They are basi- important for us to point that out to be. In fact, one of the traditions that cally going to ask us to play some the world. Again, I made this point nu- has existed in this Nation for a long game of geopolitical chess, where we merous times. I want to make it once time is that foreign policy, when it basically turn over the sovereignty and again; this idea that we are going to came to issues that impacted the secu- future of other Nations and say to get them to cooperate much more rity issues of the United States, there them there are these countries in the against ISIS basically implies they are was an effort to make sure it was as bi- world, and we are not going to try to not doing it now, but they claim that is partisan or nonpartisan as possible be- do anything with them, economic, po- why they are in Syria to begin with. cause when America gets in trouble on litical, cultural, socially or militarily, Finally, I think it is important for us national security, there is no way to unless you give us permission to do so. to try to communicate directly with isolate on a bipartisan basis. This would be a requirement. It is one the Russian people to the extent pos- It is my hope, as we debate all these of the things he insists upon. sible. It is hard to do because the Rus- other issues, that we continue to keep He would also require the United sian Government, under Putin, also these issues in mind because it is crit- States to support pulling back NATO controls the Internet with filters and ical to the future of our Nation, crit- troops and equipment and personnel the like. It is important for us to say ical to our standing in the world, and and operations from Nations in Europe, our quarrel is not with the Russian ultimately vital and critical to the which would be devastating to the people; that for many years up until kind of world and Nation we will leave NATO alliance, which one of his other this unfortunate turn of events over to our children and grandchildren in goals is to render NATO feckless and the last decade, the links with the the years and decades to come. irrelevant. United States and the Russian people I, for one, in the midst of all of this I just don’t think that is a price grew strong and those links remain. debate about a bunch of issues that di- worth paying in exchange for alleged In my home State of Florida, there is vide us, will continue to work to en- cooperation against ISIS—that he a significant number of Russians who sure that this is one that unites us and claims to already be conducting—and live in Florida part time and so forth. allows us to live up to our constitu- in exchange for basically sending a I hope that will continue. Our quarrel tional obligation, to participate fully message to the world that America is is not with the Russian people, and we in shaping and directing the foreign your ally, unless there is a better deal desire for Russia to be powerful and in- policy of this great Nation. with us for someone else. That would fluential in the world. We want Russia Thank you, Mr. President. be devastating. What do I think we to be prosperous. This country does not I yield the floor. should do, and what I hope the Senate view this as a zero-sum gain. In order The PRESIDING OFFICER. The Sen- will do, if there is an effort now or any for America to be influential, Russia ator from Virginia. time in the future, by anyone, to must be less influential. Mr. KAINE. Mr. President, I rise to change or conduct a deal of this mag- Our quarrel is not with Russia but a oppose the nomination of Senator JEFF nitude? leader who does view it as a zero-sum SESSIONS to be Attorney General. I I think the first thing we need to do gain, a leader who believes the only thought very carefully about this mat- is be committed to the principle. These way Russia can be more important is ter and about what it means to oppose sanctions that are in place should re- for America to be less important, a a colleague. We had an unusual night main in place until the conditions in leader who has chosen to try to under- last night, where one of our Members those sanctions are met, until the sov- mine an international order based on was ordered to stop speaking as she ex- ereignty of Ukraine is respected, and democracy and free enterprise and plained her opposition. Comments that

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.376 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S957 would have been allowed regarding any didn’t know any lawyers and certainly there was a law in Virginia against mixed other Cabinet nominee were ruled un- didn’t know any civil rights lawyers— marriages. Therefore we were jailed and acceptable because this nominee also and was living in kind of an Irish tried in a little town of Bowling Green. We were to leave the State to make our home. sits in this body. I voted to overturn Catholic neighborhood in the suburbs The problem is we are not allowed to visit that ruling and restore my colleague’s of Kansas City—I decided I wanted to our families. The judge said if we enter the speaking privileges because I was of devote my life to this. State within the next 30 years that we will the opinion that the constitutional So I moved to Virginia in 1984 and have to spend 1 year in jail. We know we can- duty to advise and consent on nomina- started practicing civil rights law, and not live there, but we would like to go back tions should allow for debate. I did it for 17 years. I will always re- once in a while to visit our families and But whatever my opinions about the member—and I bet you will too—my friends. We have three children and cannot ruling, I do have to acknowledge that first client, the first case that I had afford an attorney. We wrote the Attorney General, he suggested that we get in touch standing on the floor to speak in oppo- that was really mine. A young woman with you for advice. Please help us if you sition to a colleague is not an everyday who walked into my office and told me can. Hope to hear from you real soon. Yours occurrence. We do disagree every day, she had been turned away from an truly—Mr. And Mrs. Richard Loving. all of us, even within our own caucuses apartment, and she thought it was be- That attorney, Bernie Cohen, became on matters of policy, but there is some- cause of the color of her skin. I was a friend of mine. And his partner Phil thing more personal about taking the able to prove that was the case, and so Hirshcop and Bernie took the case of floor to take a position regarding a sit- we were able to win, but what I remem- this married couple all the way to the ting Senator who has been nominated ber about Lorraine was how it made Supreme Court, and 50 years ago the for a Senate-confirmable position. her feel. She was my age. She had just Supreme Court struck down interracial I know Senator SESSIONS well. We finished school. She was looking for an marriage in this country. But the case served together on the Armed Services apartment, her first apartment away started with a couple who, having no Committee. We attend a weekly Senate from home, just like I had done. While where else to turn, thought, if we write Prayer Breakfast together. We have my experience getting a job, finding an the Attorney General, surely he will be taken codel trips together. I consider apartment, getting out on my own had a champion for us and he will help us Senator SESSIONS a friend, and I re- been a positive, her experience had redress this horrible wrong. That is spect that he has been repeatedly sent been a negative. And she was going to who the Attorney General needs to be. to this body by the voters of his State, have that feeling and carry it with her The powerful never have a hard time but while we can and should be friends, every time she looked for a house for finding somebody to represent them in strive to be friends, in this Chamber, the rest of her life: Am I going to be court, but the poor or oppressed or we are not ultimately here about treated differently because of the color those who don’t have anybody else to friendship. We are here to do people’s of my skin? What had been a happy oc- stand up for them, they need a justice business. And significant differences in casion for me, as a young man ven- system that will treat them fairly, and our opinions and convictions are not to turing out into the world, had been a they need an Attorney General who be papered over, even when we find our- sad one and a difficult one for her. will embody that value. selves in different positions than our That started 17 years of fighting in Three areas: civil rights, immigra- friends. State and Federal courthouses for peo- tion, and torture. Some Members of this body ran for ple who had been turned away from In the area of civil rights, Senator President, and I did not support them, housing or fired or slander or otherwise SESSIONS’ record here as a Senator has even though they were my friends. And treated poorly, either because of their been troubling to me. In the past, when some people in this Chamber did not race or their disability or because of he was considered for a judicial posi- support me to be Vice President, even their advocacy about important public tion, he declared that the voting rights though we are friends. There is nothing policy issues. laws were ‘‘intrusive.’’ unusual about that. We all understand The civil rights laws of this country He welcomed the ‘‘good news’’ when it. We must treat each other with re- protect the liberty of minorities of all the Supreme Court in the last few spect and civility. We are still called kinds who otherwise could be years struck down, in the Shelby Coun- to, in the words of Lincoln, ‘‘be firm in tyrannized by the majority view in ty case, parts of the Voting Rights Act. the right as God gives us to see what is their community. The promise of equal He has not engaged in efforts that right.’’ justice under the law is sacrosanct and many of us have tried to engage in to So based upon how I see the right and fundamental. And in this battle, the improve and fix the law. on my convictions, I cannot support Attorney General is the guardian of This is an important issue to know my colleague for the position because I liberty, or in a wise Biblical phrase, about an Attorney General whose De- do not have confidence in his ability to the ‘‘Watcher on the Wall.’’ partment is supposed to be the chief be a champion for civil rights, to wise- Judges sit in their courts and they enforcer of the Nation’s voting rights ly advise the administration on mat- wait for cases to come to them, but an laws. Voting rights are under attack ters involving immigration, and to be Attorney General is charged with going all over this country. The Attorney resolute as the Nation’s chief law en- out and finding wrongdoing and mak- General must be a champion of those forcement official that torture is con- ing sure it stopped. None of the ad- laws. trary to American values. vances that our country has made in Senator SESSIONS has opposed protec- This one matters to me a lot. This the civil rights field has happened tions for LGBT citizens in this body. appointment is very critical. The At- without a supportive Department of He voted against the elimination of torney General is one of the four Cabi- Justice and Attorney General. And don’t ask, don’t tell. He voted against net appointees who are not allowed to those of us out in the field, lawyers the passage of the Matthew Shepard be engaged in political activity: Sec- who were taking cases, but especially hate crimes bill. He has publicly stated retary of Treasury, Attorney General, the clients who simply seek equal jus- numerous times his opposition to mar- Secretary of State, Secretary of De- tice under law, they have to view the riage equality. As far as I know, he has fense. They are beyond politics and Attorney General as their champion. never stated otherwise that he has supposed to be above politics. They In 1963, a married couple in North- changed those opinions. The Senator spoke on the Senate must have an independent gravitas and east DC sat down at their kitchen table floor about the Individuals with Dis- even be willing to challenge the Presi- not far from here, and they wrote a let- abilities Education Act in 2000. He said dent. The mission of the Department of ter to a lawyer in town. I want to read that this beneficial law was ‘‘a big fac- Justice cannot be more important. For the letter to you. 17 years, before I got into State poli- tor in accelerating the decline in civil- tics, I was a civil rights lawyer. I read Dear sir: I am writing to you concerning a ity and discipline in classrooms all problem we have. 5 years ago my husband a book, ‘‘Simple Justice,’’ when I was and I were married here in the District. We over this country.’’ This is very trou- in law school, about the lawyers who then returned to Virginia to live. My hus- bling to me as someone who believes battled to end segregated education in band is white, I am part negro and part In- that act is one of the Nation’s pre- this country. Even though I really dian. At the time, we did not know that eminent civil rights laws.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.377 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S958 CONGRESSIONAL RECORD — SENATE February 8, 2017 There are other examples, but I won’t tory claims about immigrants and as SIONS brings to this job—his career, his belabor the point. we deal with the aftermath of this poor lifetime serving his country, from his The Loving family wrote to Attorney order, we have to separate the extreme time in the U.S. Army Reserve, to his Generally Robert Kennedy to help and the untrue from our legitimate se- 12 years as a U.S. attorney, to the 2 them battle injustice because they be- curity concerns. A good lawyer often years he spent as the attorney general lieved he would protect their impor- needs to be a check against the bad in- of Alabama, all before being elected to tant civil rights values at stake. I am stincts of his client. In this area, I am the U.S. Senate. But much more impor- not confident that people hard-pressed not confident Senator SESSIONS can do tantly, I am so impressed by this good in this country, who feel marginalized, that. man, this good and decent man’s com- will see the office as a potential ally Finally, torture. Like the vast ma- mitment to protecting all members of and champion under Senator SESSIONS. jority of this body, I believe torture is our society and his sense of fairness. This is particularly the case when we contrary to American values. That is Let me give a couple of examples. have a President who has been success- why I was proud to work with Senators It was Senator SESSIONS who worked fully sued in the past for civil rights MCCAIN, REED, FEINSTEIN, and others in with a Democratic colleague, Senator violations and who makes prejudicial 2015 to pass a law clearly stating that COONS, on legislation to help women comments about people based on their torture would not be allowed by any and children who were victims of gender, their religion, their immigrant agency of our government—not just abuse. It was Senator SESSIONS who status, or their disability. the military but any agency of our gov- joined me in our successful effort to Second, immigration. Our immigra- ernment. This law passed the Senate provide hundreds of millions of dollars tion policies are critical. We need to fix overwhelmingly and in a strongly bi- of additional funds each year to vic- our laws. In my time in the Senate, partisan fashion. But Senator SESSIONS tims of child abuse and sexual assault Senator SESSIONS has been the most was one of a small number of Senators and domestic violence. vocal Senator in opposition to what I who opposed the law, who opposed a Senator SESSIONS’ sense of fairness is believe are reasonable and necessary ban on torture. also illustrated in his approach to law reforms. His floor comments and his When we met, I asked Senator SES- enforcement. It is probably widely obvious personal passion around this SIONS why he had opposed the law, why known that he has the endorsement of issue are clear, but I think his policies he had opposed this bipartisanship bill. every major law enforcement group in are simply wrong. This is a fundamental question for any America, but Senator SESSIONS has Immigration does not hurt our econ- of us but certainly for an individual also spent a lot of time and effort mak- omy; it helps it. Jefferson recognized who wants to occupy the Nation’s chief ing sure people on the other side of law this in the Declaration of Independ- law enforcement position. His response enforcement are treated fairly and hu- ence. In his Bill of Particulars against was not at all convincing. I don’t think manely. King George, he said: We do not want the Nation should have an Attorney It was Senator SESSIONS who led the to live under your tyranny. You won’t General with an ambiguous record successful effort to eliminate the dis- let us have a good immigration system. about torture. parity in sentences for crack users Jefferson recognized it, and all While most Federal agencies have a versus cocaine users, working with through the years, the inflow of talent, general counsel, it is ultimately the Senator DURBIN, a Democrat. They suc- the blood of innovation and talent and Attorney General who sits at the very ceeded because Senator SESSIONS un- new ideas from immigrants, has been top of the pyramid of attorneys advis- derstood that the disparity—the much part of what has made our country ing the President in providing this harsher penalty on the use of crack co- great. That is why there is such a con- legal advice. This President has—very caine versus white powdered cocaine— sensus in favor of immigration reform unwisely, in my view—stated that he was completely unfair and overwhelm- from the labor unions and the cham- thinks torture is both justifiable and ingly adversely affected African Ameri- bers of commerce. The CBO says that it effective. I believe we need an Attorney cans. That was not acceptable to JEFF will increases our net worth and GDP. General who will check that instinct SESSIONS. Immigration does not hurt our work- and not support it or justify it. It was Senator SESSIONS who in 2003 ers, as Senator SESSIONS often claims I will say this in conclusion: There is joined with Democratic Senator Ted it does. A reform would help our work- an independence that is necessary in Kennedy in introducing and helping to ers by eliminating the ability of people this position. It is established in law in successfully enact the Prison Rape to live and work in the shadows and be this position and three other Cabinet paid substandard wages that undercut positions. Any Attorney General must Elimination Act because of his concern the wages of others. be able to stand firm for the rule of about the appalling abuse experienced Senator SESSIONS’ views on immigra- law, even against the powerful Execu- by some people in our prisons. That tion even extend to a critical program tive who nominated him or her. In this was not acceptable to JEFF SESSIONS. Let me just say that—I am going to like the Special Immigrant Visa Pro- administration, I believe that inde- be very candid. The most objectionable gram, which grants special protection pendence is even more necessary. and offensive slander I have heard to foreign citizens, especially those I oppose Senator SESSIONS, who is a from Afghanistan and Iraq, who have friend, who is someone I respect for against Senator SESSIONS is the notion helped our troops on the battlefield. this position, because I believe his that somehow he has some kind of rac- They signed up to help Americans who record raises doubts about whether he ist leanings. That is an outrageous and are in the service. They put their lives can be a champion for those who need dishonest charge. I have known this at risk for doing so. Because of that, this office most, and it also raises man very well. There is not a racist we have a special program to accord doubts about whether he can curb un- bone in his body. This is a man who has them a welcome that they are deserved lawful overage by this Executive. been endorsed by many, many African- in this country. I yield the floor. American leaders. This is a man who Senators MCCAIN, SHAHEEN, and I and The PRESIDING OFFICER (Mr. personally took on the KKK every many others have worked on this pro- TILLIS). chance he had when he was serving as gram, and Senator SESSIONS has been a The Senator from Pennsylvania. the U.S. attorney. In fact, arguably, he determined opponent of the SIV Pro- Mr. TOOMEY. Mr. President, I rise was the reason that the law enforce- gram, and I just can’t understand why. today to speak in strong support of the ment—in fact, he personally did prob- If we will not help the people who help nomination of Senator JEFF SESSIONS ably more than anyone else to bank- us, then who will choose to help us in to be the next Attorney General of the rupt the KKK by design so that he the future? Some of these SIV immi- United States. I do that as someone could destroy that organization in Ala- grants were turned away at airports who has known him personally quite bama, which is exactly what he suc- after the poorly conceived and poorly well for 6 years now. I want to do this ceeded in doing. implemented immigration order of briefly because we are pressed for time, JEFF SESSIONS is a man who has tre- President Trump. but I want to make a few points. mendous respect for the law, a rev- As we contemplate some of this First, I think we all recognize the erence for the law, respect for the rule President’s outlandish and discrimina- terrific credentials that Senator SES- of law. There is absolutely no question

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.378 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S959 in my mind, from my own personal ex- not understand the Constitution of the lieve that most Americans see the solu- perience with him for these years, that United States of America, who does not tion as comprehensive immigration re- he will enforce the law vigorously and understand the separation of powers in form and a path toward citizenship. fairly. the Constitution, and in that context, Today we have some 700,000 people Several of my Democratic colleagues we need an Attorney General who will who are DACA recipients, who have have come down here and they have have the courage to tell the President come out of the shadows and trusted rattled off policy areas in which they of the United States when he is acting the Federal Government to protect disagree with Senator SESSIONS. You in a dangerous, authoritarian, or un- them. We need an Attorney General know what, there are areas where I dis- constitutional way. who is sensitive to the needs of DACA agree with Senator SESSIONS. I guar- I have known JEFF SESSIONS for a recipients, who will pursue humane im- antee you, there are lots of areas where number of years, and personally, I like migration policies, and advocate for I had disagreements with the members JEFF SESSIONS. But I do not believe at the need of comprehensive immigra- of President Obama’s Cabinet. But it this moment in history, when we need tion reform. I do not believe that JEFF never occurred to me to expect that I people around this President to explain SESSIONS will be that Attorney Gen- would have complete agreement on the Constitution to him, that JEFF eral. every policy issue with every candidate SESSIONS will be the Attorney General So, Mr. President, for all of those for a Cabinet position. to do that. reasons and more, I will be voting What I know about JEFF SESSIONS is I am deeply concerned about voter against JEFF SESSIONS to become the that he is an extremely well-qualified suppression in this country. I am deep- next Attorney General of the United attorney, with outstanding credentials, ly concerned that, as a result of the States. has spent his adult life serving his Supreme Court’s gutting of the Voting The PRESIDING OFFICER. The Sen- country and his State, that he has gone Rights Act, we have, in State after ator from Delaware. Mr. CARPER. Mr. President, I also to the mat to work for people who are State after State, Governors and legis- rise this evening to talk about the some of the least fortunate and people latures that are working overtime to nomination of our colleague from Ala- who have been through appalling cir- make it harder for poor people, people bama, Senator JEFF SESSIONS, to serve cumstances. He has been their cham- of color, older people, young people to as our next Attorney General. pion. I just know he is going to stand participate in the political process. Like many of our colleagues, I have Today in the United States, we have, up for the principles of the rule of law heard from an incredible number of compared to the rest of the world, a and equal justice before the law. people in my State regarding this nom- The last point I want to make is, low voter turnout. Only about 60 per- ination—some in favor, fewer than when Republican Senators gather peri- cent of eligible voters in America cast 100—many against. Almost 1,300 Dela- odically for our lunches and our pri- a ballot. Our job—whether you are con- wareans have called, emailed, or writ- vate discussions, every Republican servative, Republican, Progressive, ten to my office, expressing their oppo- Independent, Democrat—whatever you Senator knows that when we are dis- sition to Senator SESSIONS’ nomina- cussing something, if JEFF SESSIONS are, if you believe in democracy, what tion. believes that we are talking about you should believe in is bringing more I would like to share, if I could, just doing something that is a violation of people into the political process, in- a few excerpts from some of the emails a principle that he holds, he is going to creasing our voter turnout, not work- that I have received concerning this be the first guy who is going to stand ing as hard as you can to suppress the nomination. up, and he is going to say: My col- vote. We will start with Priscilla from the leagues, this would be a mistake. This I want an Attorney General of the town of Newport in the northern part is not the right thing to do. United States of America to tell those of our State. She wrote to me about He is the one who is the first to stand Governors, to tell those attorneys gen- the experience of her family growing up to any other member of the con- eral all over this country that as At- up in a segregated society. Here is ference; it doesn’t matter who it is. If torney General of the United States, he what she had to say. She said: he thinks what they are suggesting is will fight them tooth and nail in every I lived through my parents not having the not the right thing to do, not the prin- way legally possible to stop the sup- right to vote, not being able to go through cipled thing to do, not consistent with pression of the vote in State after the front door of a restaurant or doctor’s of- our role as Senators, not consistent State throughout this country. fice, using the colored fountains and bath- with our principles, JEFF SESSIONS is We have the dubious distinction in rooms. Never again. always willing to stand up for what is this country of having more people in Another person, Rhonda from Dewey right. jail than any other nation on Earth. Beach wrote to me about Senator SES- He will stand up for what is right as We have about 2.2 million Americans. SIONS’ voting record on voting rights. the Attorney General of the United We are spending about $80 billion a Here is what she had to say. She said: States. I am proud to support him, and year locking them up, and the people Mr. Sessions has called the Voting Rights I urge all of my colleagues to do like- who are disproportionately in jail are Act of 1965 a ‘‘piece of intrusive legislation.’’ wise. African American, Latino, Native Under him, the Justice Department would American. most likely focus less on prosecutions of mi- I yield the floor. nority voter suppression and more on root- The PRESIDING OFFICER. The Sen- I want an Attorney General who un- ing out mythical voter fraud. ator from Vermont. derstands that the current criminal Here is one from Wilmington, DE— Mr. SANDERS. Mr. President, I justice system is failing, that we have my hometown now—from a woman think many millions of Americans per- to figure out ways to keep people from named Dawn. She wrote to me about ceive, as I do, that these are not nor- getting into jail by investing in edu- her concerns as a parent of a child with mal times. cation, in jobs, and that incarceration autism. She wrote these words: We have had a new President of the and more jails are not the answers to United States who called a judge a ‘‘so- I am writing to express my deep concern the crisis we face within criminal jus- with Jeff Sessions’ nomination for Attorney called judge’’ because he dared to dis- tice. I honestly do not believe that General. I am a parent of an autistic son and agree with President Trump’s decision JEFF SESSIONS is that person. am terrified that people with these types of on the ban of Muslims coming into this In recent years, we have made sig- views will be in power to enforce (or not) the country. nificant progress in allowing people— laws that protect the rights of my son and so We have a President who attacks the regardless of their sexual orientation— many others. media in this country as fake news; ev- to get married and to have the full Mr. President, the common theme erything they are saying is a lie. We rights of American citizenship. I do not throughout these letters, these calls, have a President who goes before the believe that JEFF SESSIONS will be the these emails is their fear that Senator troops—men and women in the Amer- Attorney General who will be sup- SESSIONS will not be an Attorney Gen- ican military—and starts talking about portive of LGBT rights. eral for all Americans. politics. It is very clear to me that we We have some 11 million undocu- I know that many of my colleagues— have a new President who really does mented people in this country. I be- our colleagues—will soon be voting

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At that Rialto Theatre, if nomination to serve our country in General, but too many of my constitu- you were White, you sat down in front such a critical role, I found that while ents, including African Americans, im- on the first floor; if you were Black, we agree on many issues, including migrants, women, Muslims, and other you sat up in the balcony. that our faith is an important guide vulnerable populations, have called and I will never forget that when I was a not only in our personal lives but in emailed my office in numbers that I little boy in Danville, one day, I went our capacity as public servants, I found don’t think I have ever seen before to to the dentist’s office for some dental that our views on too many important express their fears and to ask me to do care. I remember this older African- issues diverged. something about it as their senior Sen- American woman coming into the den- Like many Americans, I am troubled ator. tist’s office, and she was in pain with I by the direction Donald Trump is seek- I have heard their voices loud and think an abscessed tooth. ing to take our country in these first clear, and I feel compelled to add my She said: I know I don’t have an ap- few weeks of his administration. I be- voice to so many others in opposing pointment, but could someone just help lieve that an independent Attorney this nomination. me out of my misery? General can provide a check on this Let me just say this as clearly as I They said: I am sorry, ma’am. You President’s legal recklessness, and it can. I do so with no joy, no joy. don’t have an appointment. We can’t may be more necessary now than at Last night, as I was thinking about do anything for you. And she left cry- any point in recent history. Donald what I wanted to share on the floor ing. Trump has already revealed an agenda this evening, my mind drifted back to My parents—it turns out I am a Dem- that reflects his divisive campaign, one another time and place. ocrat; they were Republican, as far as I that I believe will make our economy The Presiding Officer may not know know. They got to vote, and they got less robust, less fair, our environment this. I grew up in Danville, VA, my sis- to vote regularly. But I will bet you less clean, our country less inclusive, ter and I, the last capital of the Con- dollars to doughnuts that the kids at our freedoms less free, and our allies federacy. I got there I think when I was that bus stop who caught that bus to less inclined to take America at its just about 9 years old and left when I go to that all-Black, all-African-Amer- word. was about to finish high school. ican school, my guess is that a bunch Many of us worry that JEFF SESSIONS The home that we lived in right out- of them didn’t get to vote because of will not be the independent check on side of Danville, VA—if you walked out something we had in Virginia called a this administration that we need, and the front door, about 100 yards down poll tax. many of us worry that JEFF will not Among the lessons that my sister and the road on the other side was a hold our Justice Department to the I learned at Woodlawn Baptist Church church, Woodlawn Baptist Church. principles that everyone, no matter was the Golden Rule: Treat other peo- That was our church, and my mom their age, income, sex, or color, de- ple the way we want to be treated. dragged my sister and me there every serves equal protection under the law. Among the things that we learned at My colleagues and I have these con- Sunday morning, every Sunday night, that church is Matthew 25: We should every Wednesday night, and most cerns with a number of Cabinet nomi- care for the least of these. When I was nees. I voted for more of them than I Thursday nights. hungry, did you feed me? When I was When my sister and I were in high voted against. naked, did you clothe me? When I was Having said that, we need individuals school, we stood on the doorstep of thirsty, did you give me a drink? When to serve in these key posts who are that church Monday through Friday I was sleeping in prison, did you visit willing to speak truth to power. Iron- when school was in session, and we me? When I was a stranger in your ically, that is what got Acting Attor- would catch a school bus. About 200 land, did you welcome me? And we ney General Sally Yates in trouble. yards down the road, on Westover were taught: yes, yes, yes, yes. She did it a few days ago when she was Drive, there was another school bus Micah 6. In my church this past Sun- fired for refusing to defend the Muslim stop, where African-American kids got day, the question was raised: What is ban because she thought it might not on their school bus, 200 yards away. We expected of us by the Lord? And we re- be lawful. would drive in our school bus 10 miles ceived three answers. And the three an- Throughout the campaign, Senator to our school, Roswell High School, swers: Do justice, love kindness, walk SESSIONS supported a religious-based and the kids at the other school bus humbly with thy God. test for immigrants, and I fear that stop would get in their bus, and they I have taken those lessons from my Senator SESSIONS is unlikely to stand would drive past our school another 10 childhood, and those are lessons from up to Donald Trump and tell him that miles to get to their school. my own church today. And I want to he is wrong on this front. To be honest On weekends, my dad worked a lot. tell you that as a kid growing up in with you, I just believe we need some- He was in the Navy Reserve as a chief Danville, VA, I can understand how body who will do that, and unfortu- petty officer. He was gone a lot on the other kids in my community were rac- nately I fear there is a good chance weekends. My mom worked in down- ist or bigoted. I can understand how it that Senator SESSIONS believes Donald town Danville in the five-and-dime happened in Alabama or North Caro- Trump just might be right. I am also store. My sister and I would catch a lina, where our Presiding Officer is afraid that Senator SESSIONS won’t be bus, and we would ride downtown to go from. the independent check our country is have lunch with my mom on many Sat- But somewhere along the line, some- likely to need, especially in this ad- urdays when we were 9, 10, 11, 12 years body got ahold of me and said: You ministration. old. know all that stuff you are talking Ultimately, however, the votes are I couldn’t help but notice when we about in church and the Bible? If you where they are, and it appears that our got on the bus that if you were White, really believe it, here is how you friend, our colleague, Senator SES- you got to sit up front, and if you were should act and talk and speak. And fi- SIONS, will be our country’s next chief Black, you sat in back. We would go to nally it sunk in. law enforcement officer and chief at- a blue plate diner with my mom at I just want to say that JEFF SESSIONS torney. Over these past days and lunchtime. There was one section has been my colleague. I have been weeks, I thought about whether our where, if you were White, you got to here for 16 years. He has been my friend is the best person for the job, as eat there, and another section where, if friend and colleague for 16 years. We I have said. I know others have too. I you were Black, colored, you would eat read the same Bible. There have been also thought about the millions of there. To go to the restrooms, it was times where we read it together over Americans who fear that he may have colored only, White only. the years. When we met in my office views about different races and minori- After lunch, my sister and I would go just a few weeks ago, we talked about ties that could seep into the Justice to Rialto Theatre in Danville, and my how our faith guides us in our lives. I Department, resulting in an unequal mom would give us each a quarter. And reminded him of how Matthew 25 talks applications of our country’s laws. for 25 cents, we could see that after- about moral obligations, ‘‘the least of My thoughts have led me to the ex- noon three movies until she was fin- these,’’ which I have talked about. ample of Lyndon Johnson, a man from

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.381 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S961 the South who served, as you may re- fears, and unfortunately, tonight I am been said on this floor and it has been call, in the U.S. House of Representa- not yet prepared to vote my hopes. But said repeatedly that JEFF SESSIONS tives in Texas for a number of years the words of a reporter writing about called the Voting Rights Act ‘‘intru- and later suddenly became President President Johnson a few years ago give sive,’’ but those speaking in the last 24 under tragic circumstances, as we all me some hope as we look forward, and hours don’t know what he actually recall, in November of 1963. LBJ didn’t maybe they will give hope to the rest said. He did use the word ‘‘intrusive,’’ just oppose civil rights while in the of us. Here is what that reporter wrote but then he said the Department of House of Representatives and in the about Lyndon Johnson: Justice had to do it ‘‘because it would Senate, he often bragged about it. But Perhaps the simple explanation, which not have happened any other way.’’ he went through a public trans- Johnson likely understood better than most, He said further: ‘‘Federal interven- formation that would lead him to pass was that there is no magic formula through tion was essential in the South.’’ He the first civil rights bill since recon- which people can emancipate themselves said it was an intrusive piece of legisla- struction as Senate majority leader in from prejudice, no finish line that when tion ‘‘because it was a necessary piece crossed, awards a person’s soul with a shin- of legislation, I support it.’’ That is 1957 and then signed into law some of ing medal of purity in matters of race. All our Nation’s landmark civil rights we can offer is a commitment to justice in right. He said the Voting Rights Act laws—the Civil Rights Act of 1964, the word and deed that must be honored but ‘‘was a necessary piece of legislation, I Voting Rights Act of 1965, the Elemen- from which we will all occasionally fall support it.’’ That is what he said. But tary and Secondary Act, the Fair Hous- short. if you have been listening the last 24 ing Act, and countless others. And I would just add, and we do. hours—you wouldn’t know any of that LBJ’s transformation didn’t happen I hope these words I have just quoted by listening to those who have come to overnight, though. The truth is that resonate with our friend and colleague, the floor and talked all about that case his views on civil rights and racial jus- Senator JEFF SESSIONS. If they do, both in 1986. tice might have been there all along. he and our country will be better for it. Like I said, I was here way back Here is what Robert Caro wrote With that, I yield the floor. then. I saw what happened to that man about LBJ in the most recent install- The PRESIDING OFFICER. The Sen- who is going to be our next Attorney ment on his life: ator from Iowa. General, who would go on to join the Although the cliche says that power al- Mr. GRASSLEY. Mr. President, there Senate for these 20-some years and be- ways corrupts, what is seldom said, but what has been a lot of discussion about Sen- come our colleague and our friend. So is equally true, is that power always reveals. ator SESSIONS’ nomination on this floor you can understand why it is very frus- When a man is climbing, trying to persuade in the last 24 hours. Before we vote, I trating to me to listen to all of those others to give him power, concealment is want to offer a couple of observations attacks, and it is particularly frus- necessary: to hide traits that might make about the unfairness in some of the others reluctant to give him power, to hide trating to hear it from Members who also what he wants to do with that power. If statements. were not even here in 1986. men recognized the traits or realized the First, I was hoping to limit my re- With that, let me just say this in aims, they might refuse to give him what he marks to all of the reasons why I be- closing: Senator SESSIONS has served wants. But as a man obtains more power, lieve Senator SESSIONS will make an with us for 20 years. Every Member of camouflage is less necessary. The curtain be- outstanding Attorney General, but in- this body knows him to be a man of in- gins to rise. The revealing begins. stead I feel very compelled to say a few tegrity. Almost all of us have been on So it was, in Caro’s view—and I think words about some of the attacks that the other side of a policy debate with he is probably right—so it was with have been leveled against Senator SES- Senator SESSIONS at one time or an- Lyndon Johnson. SIONS here on the floor, where he has other. I know I have. What we know Mr. President, that reminds me of served the people of Alabama faithfully from those debates is that whether another quote tonight. This is one from for 20 years. Senator SESSIONS agrees with you or our former First Lady Michelle Obama, A number of Senators have come to not on any policy question, he handles who said these words: ‘‘Being President the floor to talk about Senator SES- the debate fairly, he handles the debate doesn’t change who you are, it reveals SIONS’ hearing in 1986 when he was respectfully, and he handles the debate who you are.’’ nominated to be a Federal judge. Now, honorably. It reveals who you are. it happens that I was in the Senate in Senator SESSIONS answered our ques- We are not confirming JEFF SESSIONS 1986, at that time by 6 years. I was on tions in the Judiciary Committee for 10 to be our next President, but we are the Judiciary Committee in 1986, by long hours. He gave us his word on the confirming him to be our next Attor- that time for 6 years, and I want you to critical issues that should decide our ney General, and we must ask, as the know I saw what happened. I don’t vote on this nomination. Most of that curtain rises, what will it reveal? What have time to go into all the details was centered around the fact that he is will it reveal about JEFF SESSIONS? here, but I will tell you this: JEFF SES- a man devoted to the law, and he is de- Unfortunately, each time JEFF’s ca- SIONS’ hearing in 1986 was an absolute voted as the chief law enforcement offi- reer has led to more power, whether it ambush. In fact, it was a planned am- cer of our country to enforce the law, was district attorney in Alabama, at- bush. He was unfairly attacked then even if he didn’t vote for it and even if torney general for his State, or as U.S. and he is being unfairly attacked now. he disagreed with it. Senator, it has revealed a JEFF SES- I will give just two examples. We know from the questioning that SIONS who is much the same as he has First, in the last 24 hours, we have Senator SESSIONS will be independent always been. It has revealed JEFF SES- heard Senator SESSIONS attacked for a when he said when he has to say no to SIONS to be less inclined to undergo the voting rights case that he pursued as the President of the United States, he transformation that so many others U.S. attorney in Alabama. We have will say no to the President of the before him have undergone to put heard a lot about that case. Of course, United States. We know Senator SES- themselves and our Nation on the right those who have raised the Perry Coun- SIONS then, as I have said, will enforce side of history. ty trial don’t tell you Senator SES- the law faithfully, without regard to I will close with this thought: If Sen- SIONS was actually asked to pursue person, for all Americans. ator SESSIONS is confirmed, it is my that case by two African-American Motivated by those principles, Sen- sincere hope that our friend and our candidates who believed that ballots ator SESSIONS will make a very fine At- colleague will recognize the awesome cast by African-American voters had torney General, and most people in this responsibility and the opportunity he been altered. The bottom line is that body know that—even those who are has to serve not only the people of Ala- he was vindicating the voting rights of going to vote against him. bama, not only the people of the South African-American voters whose voting I am pleased to cast my vote in favor or the Southeastern part of our coun- rights had been compromised. of his nomination, and of course I urge try, but Americans across our country Second, we have heard Senator SES- my colleagues to do the same thing. of all races, all colors, all creeds. In SIONS criticized for testimony in his I yield the floor. this body, it is often important that we 1986 Judiciary Committee hearing The PRESIDING OFFICER (Mr. vote with our hopes rather than our about the Voting Rights Act. It has PERDUE). The Senator from Alabama.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00089 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.382 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S962 CONGRESSIONAL RECORD — SENATE February 8, 2017 Mr. SHELBY. Mr. President, I rise in Alabama as Senator SESSIONS—and porter, no matter the task before him. support of the nomination of my col- soon Attorney General Sessions—but it She has been a source of encourage- league and friend JEFF SESSIONS to be wasn’t always this way. There was a ment and a friend to all of Team Ses- the Attorney General of the United time when the distinguished Senator sions. I doubt they will ever forget States. from Alabama was known simply as Mary’s friendship or her famous cream Why? We have had this debate. It has ‘‘Buddy.’’ Buddy—the product of a cheese pound cake. gone on a long time, and we have heard small town called Hybart, the son of a One thing they will not soon forget from a lot of proponents and opponents country store owner, the inheritor of either is Senator SESSIONS’ intense of JEFF SESSIONS. Who would know modest beginnings. focus on the office’s letter-writing op- JEFF SESSIONS better maybe than I Senator SESSIONS’ parents grew up in eration. Sometimes that meant work- would? I have worked with JEFF SES- the Depression. They taught their son ing weekends with the boss to get the SIONS since he came to the Senate 20 the value of a dollar and the impor- constituent correspondence just right. years ago. Between us we have been tance of hard work. If our colleague There is no doubt Senator SESSIONS here 50 years, 30 years for me, 20 years wasn’t at school or football practice, is very, very particular about his writ- for him. Our staffs worked day and you were likely to find him at his dad’s ing, whether it is constituent letters or night on issues that have affected our store lending a hand to customers. As legal memoranda, and there is a good State and affected the Nation. anyone from a small town can attest, reason for that. Words, as this lawyer I first really got to know JEFF SES- that little store served as far more is known to say, have meaning. It is a SIONS when he was the Attorney Gen- than just a place to buy goods. It was philosophy that has animated Senator eral of Alabama. He had been the U.S. also a local gathering place, a place SESSIONS’ longtime love affair with the attorney. He was pretty well known, where people were liable to share their law. but I didn’t know him. We didn’t really hopes and concerns, and their dreams He believes in equal application of know each other until he became the too. the law to each of us, regardless of how we look or where we come from. It is a Attorney General. This is where JEFF SESSIONS devel- I urged him to run for the U.S. Sen- oped his core values. It is where he de- genuine passion for him. It is an area ate. I thought he could win, but I veloped an appreciation for the every- of deep importance and principle. Senator SESSIONS will stand up for thought not just that he could win but day struggles of working people. It is what he believes is right, even when it that he could bring something to this where he learned the importance of lis- isn’t always the easiest thing to do. body. I thought he would be a good col- tening first, of standing up for what Now, this is a guy who fought for Re- league, he would be a good Senator for matters, of putting others’ needs before publican principles long before—long the State of Alabama and for the one’s own. It made him a better person. before—Alabama became a red State. United States of America, and he has It made him a pretty good politician He stood up to the George Wallace dy- been. too. nasty as a young man. He stared down When you deal with people day after Senator SESSIONS is the kind of guy the forces of hate as U.S. attorney and day—remember, we all know each who, with just one conversation, can State attorney general. He has contin- other as colleagues here. There are just make you feel as if you have known ued to fight for the equal application of 100 of us. It sounds like a lot of people, him your entire life. He is usually the the law as well, not to mention a grow- but it is not. When we interact on com- first to arrive at constituent events ing economy, a streamlined govern- mittees, when we deal with each other, and the last to leave. He has also made ment, and a strong defense. when our families are thrown together, it a priority to travel annually to Of course, as anyone who knows him we talk, we debate, we maybe even every county in Alabama—all 67 of will tell you, Senator SESSIONS is a fight a little bit at times over issues. them. lawyer’s lawyer. He is willing to hear We get to really know somebody. His staff will tell you it is these trips the other side of an argument. He is I know JEFF SESSIONS pretty well. I home when Senator SESSIONS is really willing to make the other side of the believe he is competent as a lawyer, he in his element. Driving across Ala- argument as well. He is also willing to was a good lawyer, he was a good pros- bama, from sunup to sundown, milk- be persuaded. ecutor, and he served our State as At- shake in hand, or maybe a Blizzard He has worked across the aisle with torney General. He has been active on from Dairy Queen, Heath bar flavor, Democrats like the late Senator Ted the Judiciary Committee where he has thank you very much, that is Senator Kennedy and the assistant Democratic chaired a subcommittee. He has been SESSIONS. leader on issues like prison reform and active on the Budget Committee. He Now, it is not hard to see why Ala- sentencing reform. Democrats have has been active on the Armed Services bamians keep sending him back to praised him as someone who is Committee. He has been active right Washington. Last time out he scooped ‘‘straightforward and fair’’ and ‘‘won- here in the Senate—our Senate—on the up a modest 97 percent of the vote. derful to work with.’’ Environment and Public Works Com- Part of Senator SESSIONS’ secret to The politics of the moment may have mittee, and he is well respected. success is simple enough; he is just a changed, but the truth of statements What kind of Attorney General do we likable guy. like these endures. Deep down, each of want? We want somebody who is com- Our colleague is one of the most us knows these things remain just as petent, somebody with integrity—in- humble and most considerate people true about Senator SESSIONS today as tegrity above everything. That is what you will ever meet. He is a true South- they did when our Democratic col- counts in this job. This is a very, very ern gentleman. He is pretty funny too. leagues praised him. important job. These are big shoes. His staff would certainly agree. They Fair in action, bound to the Con- JEFF SESSIONS can fill those shoes, and still remember the time he acciden- stitution, a defender of civil rights, I am happy and proud to be here and to tally ran his suit coat through the this is the man we have come to know vote for him tonight. I wish my col- paper shredder. They saved the evi- in the Senate. It is the same man we leagues on the other side of the aisle dence too. Let’s hope that one makes it can expect to see as Attorney General. would join us. into his archives. Senator SESSIONS may be leaving the I yield the floor. Sessions’ alums call this man a men- Senate, but there is plenty this Eagle The PRESIDING OFFICER. The ma- tor. They remain ever grateful for his Scout will be taking with him. That in- jority leader. focus on their own development. I cludes the motto he has lived by—‘‘Be Mr. MCCONNELL. Mr. President, I know they are going to miss grabbing a Prepared’’—which is so engrained in ask to proceed on leader time. burger and fries with him at Johnny our friend that it is even engraved into The PRESIDING OFFICER. Without Rockets. the back of the granite nameplate on objection, it is so ordered. They are really going to miss his wife his desk. It is a simple phrase with a Mr. MCCONNELL. Mr. President, I Mary as well. We will around here too. simple message, and it seems particu- would like to say a word about the Now, in Sessions’ world, Mary Ses- larly fitting for our friend today. nominee we are about to confirm. We sions is something of a legend. She has He has a big job ahead of him. I think have long known our colleague from been our colleague’s strongest sup- he is up to the task. He is tough, but he

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.384 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S963 is fair. He is persistent, but he is re- CLOTURE MOTION NOT VOTING—1 spectful. He is a likeable guy, a prin- Sessions Mr. MCCONNELL. Mr. President, I cipled colleague, and an honest part- ask unanimous consent that the man- The PRESIDING OFFICER. On this ner. And while we are really going to datory quorum call be waived. vote, the yeas are 51, the nays are 48. miss him, we also couldn’t be prouder The motion is agreed to. of him. The PRESIDING OFFICER. Is there objection? The Senator from Alabama. So let us thank Senator SESSIONS for FAREWELL TO THE SENATE his many years of service. Without objection, it is so ordered. Pursuant to rule XXII, the Chair lays Mr. SESSIONS. Mr. President, I The PRESIDING OFFICER. All time thank my colleagues in the Senate. has expired. before the Senate the pending cloture motion, which the clerk will state. Serving in this body for 20 years has The question is, Will the Senate ad- The bill clerk read as follows: been one of the great honors of my life. vise and consent to the Sessions nomi- I remember coming up when I was run- nation? CLOTURE MOTION ning for the Senate and going to the Mr. CORNYN. I ask for the yeas and We, the undersigned Senators, in accord- Republican luncheon. They said: Well, nays. ance with the provisions of rule XXII of the you have a few minutes. You can say Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Is there a something, but don’t talk very long be- move to bring to a close debate on the nomi- cause people don’t want to hear a lot sufficient second? nation of Thomas Price, of Georgia, to be There appears to be a sufficient sec- Secretary of Health and Human Services. from you, frankly. ond. Mitch McConnell, David Perdue, Johnny So I told them that I could think of no greater honor than to represent the The clerk will call the roll. Isakson, Tom Cotton, Mike Crapo, James E. Risch, Jerry Moran, Pat Rob- people of Alabama in the greatest de- The bill clerk called the roll. erts, Roy Blunt, Lamar Alexander, liberative body in the history of the Mr. SESSIONS (when his name was John Barrasso, Orrin G. Hatch, Jeff world. That is what I feel about this called). Present. Flake, John Cornyn, Shelley Moore body. I want to say, I appreciate the The result was announced—yeas 52, Capito, John Thune, Richard Burr. full debate we have had. I want to nays 47, as follows: The PRESIDING OFFICER. By unan- thank those who, after it all, found suf- [Rollcall Vote No. 59 Ex.] imous consent, the mandatory quorum ficient confidence in me to cast their call has been waived. YEAS—52 vote to confirm me as the next Attor- The question is, Is it the sense of the ney General of the United States of Alexander Flake Paul Barrasso Gardner Perdue Senate that debate on the nomination America. Blunt Graham Portman of THOMAS PRICE, of Georgia, to be Sec- I have to tell you, I fully understand Boozman Grassley Risch retary of Health and Human Services the august responsibilities of that of- Burr Hatch Roberts shall be brought to a close? fice. I served as United States attorney Capito Heller Rounds for 12 years and assistant United States Cassidy Hoeven Rubio The yeas and nays are mandatory Cochran Inhofe Sasse under the rule. attorney for a little over 2 years. Dur- Collins Isakson Scott ing that time, the very idea of those Corker Johnson The clerk will call the roll. Shelby Cornyn Kennedy great leaders in Washington leading Sullivan The senior assistant legislative clerk Cotton Lankford called the roll. those departments I served under make Crapo Lee Thune it almost impossible for me to con- Tillis Mr. CORNYN. The following Senator Cruz Manchin ceive, I am that person and will have Daines McCain Toomey is necessarily absent: The Senator from Wicker that opportunity and that responsi- Enzi McConnell Alabama (Mr. SESSIONS). Ernst Moran Young bility. Fischer Murkowski The PRESIDING OFFICER. Are there So I understand the seriousness of it. any other Senators in the Chamber de- NAYS—47 I have an interest in law enforcement. siring to vote? I have an interest in the rule of law. So Baldwin Gillibrand Nelson The yeas and nays resulted—yeas 51, Bennet Harris Peters I want to thank those of you who sup- Blumenthal Hassan Reed nays 48, as follows: ported me and had confidence in me. I Booker Heinrich Sanders [Rollcall Vote No. 60 Ex.] want to thank President Donald Brown Heitkamp Schatz Trump. He believes in the rule of law. Cantwell Hirono Schumer YEAS—51 Cardin Kaine Shaheen Alexander Fischer Murkowski He believes in protecting the American Carper King Stabenow Barrasso Flake Paul people from crime and violence. He be- Casey Klobuchar Tester Blunt Gardner Perdue Coons Leahy lieves in a lawful system of immigra- Udall Boozman Graham Portman Cortez Masto Markey tion that serves the national interest, Van Hollen Burr Grassley Risch Donnelly McCaskill Capito Hatch Roberts within bounds, and those are things Duckworth Menendez Warner Cassidy Heller Rounds that may from time to time come be- Durbin Merkley Warren Cochran Hoeven Rubio Feinstein Murphy Whitehouse fore the Office of Attorney General. Collins Inhofe Sasse Franken Murray Wyden Corker Isakson Scott I look forward to lawfully and prop- erly advancing those items and others ANSWERED ‘‘PRESENT’’—1 Cornyn Johnson Shelby Cotton Kennedy Sullivan that we as a body support, and the Sessions Crapo Lankford Thune American people believe in. Cruz Lee Tillis The nomination was confirmed. Daines McCain Toomey The Attorney General—this is a law (Applause, Senators rising.) Enzi McConnell Wicker enforcement office first and foremost. Ernst Moran Young The PRESIDING OFFICER. The ma- People expect the Department defend jority leader. NAYS—48 us, defend us from terrorists, defend us from criminals, defend the country Mr. MCCONNELL. Mr. President, I Baldwin Gillibrand Murray from fraudsters who raid the U.S. move to reconsider the vote on the Bennet Harris Nelson Blumenthal Hassan Peters Treasury time and time again and too nomination. Booker Heinrich Reed often are not being caught or held to Brown Heitkamp Sanders The PRESIDING OFFICER. The account for it. question is on the motion to recon- Cantwell Hirono Schatz Cardin Kaine Schumer I believe that is a big responsibility sider. Carper King Shaheen of the U.S. Attorney General and the Mr. MCCONNELL. I move to table Casey Klobuchar Stabenow whole Department of Justice. As a the motion to reconsider. Coons Leahy Tester Cortez Masto Manchin Udall former Federal prosecutor, I worked The PRESIDING OFFICER. The Donnelly Markey Van Hollen regularly, nights, weekends, and be- question is on agreeing to the motion Duckworth McCaskill Warner came personal friends with fabulous Durbin Menendez Warren to table. Feinstein Merkley Whitehouse Federal investigative agents. They give The motion was agreed to. Franken Murphy Wyden their lives, place their lives on the line

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.385 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S964 CONGRESSIONAL RECORD — SENATE February 8, 2017 for us to promote public safety, to try get together. I have always tried to not be here. It is great. My children to do the right thing for America. keep my disagreements from being per- have been so engaged in this. They Sometimes people think of them in sonal. I have always tried to be cour- were young when my 1986 adventure oc- terms of taking away our freedoms. teous to my colleagues. Still, tension is curred. Now they are grown. Your sup- That is not so. They are out there built in the system. It is there. The port and affirmation have meant much every day putting their lives on the plain fact is that our Nation does have to me. line to advance our freedoms, to pro- room for Republicans and Democrats. LETTER OF RESIGNATION tect our liberties, to protect public That is what freedom is all about. I am Mr. SESSIONS. Mr. President, I safety, to stop terrorism that threat- fairly firm, I have to say, in my convic- present to the body my letter of res- ens our government. tions, but that does not mean that all ignation, which I ask unanimous con- So I feel strongly about that. I had of us have to agree on the same thing. sent be printed in the RECORD. the honor to lead some of the finest as- We need latitude in our relationships. There being no objection, the letter sistant United States attorneys in So let’s agree on what we can agree on, was ordered to be printed in the America. Our goal—well, before I be- and I suggest that to my colleagues as RECORD, as follows: came an assistant, I was told that Mo- I leave here, and take action where we bile had the best U.S. attorney’s office U.S. SENATE, can agree on things, but denigrating Washington, DC, February 8, 2017. in America. people whom you disagree with I think So when I came back as U.S. attor- The Hon. ROBERT BENTLEY, is not a healthy trend for our body. Governor of the State of Alabama, ney some 6 years later, I told them After I had been here for a number of Montgomery, AL. that was our goal. We were going to years, I had gotten along pretty well DEAR GOVERNOR BENTLEY: I hereby give no- have the best United States attorney’s with Senator Kennedy on the Judiciary tice that I will retire from the Office of office in America. What a great time Committee. He asked me to be the lead United States Senator for the State of Ala- we had. We had wonderful people. They sponsor with him on the significant, bama. Therefore, I tender my resignation at 11:55 pm Eastern Standard Time on February worked nights and weekends to prepare pretty controversial bill to eliminate their cases. We went before great Fed- 8, 2017. prison rape. There were a number of Very truly yours, eral judges. It was a glorious time. It honorable people who opposed it, some was really a special time. JEFF SESSIONS, friends of mine. He said: I want to do U.S. Senator. I will never ever forget that. I was this with you. People asked me: Did before the Judiciary committee in 1986, Mr. SESSIONS. Thank you all. you ever have a reconciliation? Did he and Senator Kennedy—later my (Applause, Senators rising.) apologize? friend—spoke harshly about me. It was He said: I want to do this bill with f on the TV. They would show his state- you. And I knew what that meant. I ap- ment. He said I should resign my office. EXECUTIVE CALENDAR preciated that. I said: I want to do this So a few minutes later I had a chance The PRESIDING OFFICER. The bill with you. And so we were able to to say something. I said: Senator Ken- clerk will report the nomination. pass that bill together. It was a mo- nedy, what you said breaks my heart. The senior assistant legislative clerk ment of reconciliation that meant a lot Nothing I have ever done have I been read the nomination of THOMAS PRICE, to me. I think he appreciated it too. We more proud of than serving as United of Georgia, to be Secretary of Health later got involved in another major States Attorney. I still believe that. and Human Services. piece of legislation, just the two of us, Nothing I have ever done am I more The PRESIDING OFFICER (Mr. that would have established a portable proud of than the work we did in that GARDNER). The Senator from Texas. savings plan for young workers like the little office in Mobile, AL, representing f the United States of America. Federal thrift plan. You go into court, you stand before About that time, the financial crisis LEGISLATIVE SESSION the judge, and you say: The United hit, and then he became ill and it never States is ready. I represent the United came to fruition. But reconciliation is States of America in a litigation. So important. We ought to do that in this MORNING BUSINESS body. We ought to try to fight for our this is a big deal. So I would say to Mr. CORNYN. Mr. President, I ask you, friends and colleagues, that this is values and not give an inch. You don’t have to back down if you believe you unanimous consent that the Senate be a special honor. I feel it in my bones. I in a period of morning business, with hope and pray I can be worthy of the are right, and you should not back down. Senators permitted to speak therein trust you have given me. I will do my for up to 10 minutes each. best to do that. But there are ways that we can get along personally. I would say that The PRESIDING OFFICER. Without Let me comment a minute on the objection, it is so ordered. heated debate we have had here in the would be my prayer for this body; that Senate on my nomination and others. in the future maybe the intensity of f the last few weeks would die down and It was an intense election. There is no REFUGEE FAMILIES IN VERMONT doubt about that. There have been maybe somehow we would get along strong feelings expressed during the better. Mr. LEAHY. Mr. President, since election and throughout this confirma- So, colleagues, I can’t express how 1989, Vermont has accepted more than tion process. Sometimes we have philo- appreciative I am for those of you who 8,000 refugees from around the world. sophical disagreements, just sincere stood by me during this difficult time. Most recently, two families from war- disagreements about policy, what is I could start calling all their names, torn Syria were placed in Rutland. right and what is wrong, what the law but it would not be appropriate. I want Vermonters understand the meaning says, what it does not say. to say again, I appreciate the President of community, of supporting one an- I believe words ought to be given and his confidence in me, and by your other through tough times and cele- their fair and plain meaning. Words are vote tonight, I have been given a real brating together in seasons of joy. Over not tools that can be manipulated to challenge. I will do my best to be wor- the last three decades, the meaning of make it say what you want it to say. I thy of it. I look forward to working community has expanded to include believe words have objective meanings. with each of you during that time and numerous nationalities as Vermonters So sometimes we have differences maybe make sure that we have a good have welcomed new neighbors from about that, but that is what elections open door at the Department of Jus- countries including Somalia, Sudan, are about. I have always liked the de- tice. and Bhutan, among others. Over the bate. I have always enjoyed partici- My wife has picked up pretty quickly last 25 years, Vermont’s growing diver- pating in this great body, where we are that we have a chef, and we can actu- sity has infused vitality and a diversity free to speak and be able to advocate ally invite people for lunch or break- of culture into our rural State as locals for the values that we have. fast there. Maybe we can do that. open their arms—and their hearts—to But I don’t think we have such a Finally, let me thank my family be- new cultures and ways of life. New classical disagreement that we can’t cause without their support, I could Vermonters hail from the world over

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00092 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.389 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S965 and are greeted in the Green Moun- small state’s population. Vermonters have gram for refugee students at the Community tains by support groups and refugee as- been almost Canadian in their big-hearted College of Vermont. sociations. Some organizations aid new welcome of the displaced and persecuted, pri- ‘‘I feel Vermont has more open doors than marily from Somalia, Sudan, Central Africa, other states,’’ says Mubiay. Immigrants in arrivals by offering workforce develop- Bhutan and Bosnia. They’re generous donors the state tend to find jobs, apartments and ments and translation services, while of furniture and household goods for new ar- health insurance faster than elsewhere, he others host furniture and clothing rivals. They’ve taken Somali refugees into says. drives. Many refugees are able to find their homes to help them adjust to American At the Vermont Refugee Resettlement jobs in Vermont’s bustling tourism in- life. And their schools have stepped up with Program in Colchester, the state’s only ref- dustry, as they work to save for future English-language classes for kids from ugee placement agency, flyers on a lobby endeavors. abroad. In Vermont, refugee resettlement bulletin board offer refugees tips on jobs, These support networks expand as has enjoyed near-unanimous support from health care and transportation: ‘‘UPS is now state and local political leaders, who see it hiring,’’ ‘‘Vermont Health Connect,’’ ‘‘Get a the same individuals who once relied as a way to add youth and vigor to the large- bike—Bike Recycle Vermont,’’ ‘‘And Re- on refugee organizations begin to offer ly rural state’s declining population. And for member, Please Give 15 Days Notice If You guidance to others. For some, this the most part their constituents have Are Quitting A Job.’’ The Children’s Book of means years of saving before opening agreed. Until this year. America, edited by William J. Bennett, the restaurants or stores with food and On April 26—the same day Donald Trump Reagan administration secretary of edu- products that feature their home coun- swept through seven Republican primaries in cation, rests on a coffee table, its cover illus- tries. Others focus on engaging re- the northeast—the mayor of Rutland, south- tration a bunch of kids from a kaleidoscope ern Vermont’s largest town, announced a cently arrived refugees in the very of ethnicities waving American flags. plan to accept up to 100 war refugees a year, Amila Merdzanovic, VRRP’s director, came communities that they were welcomed beginning with Syrian families. The reaction to Vermont in 1995 as a Bosnian refugee. She into. As their roots grow deeper and was swift. A volunteer group, Rutland Wel- makes the case for resettlement’s contribu- their communities wider, Vermont’s comes, organized to prepare for the Syrians’ tions to Vermont: It brings about 200 work- cultural vibrancy increases. arrival, and at the same time a vocal group ing adults a year to a state with a stagnant, At the end of the day, however, these bent on halting the resettlement, Rutland aging population. ‘‘We have employers call- refugees have become part of the fabric First, flooded meetings in the town of 16,000. ing us on a daily basis, saying, ‘We need of our communities. Vermont has be- The ensuing debate, which dragged on workers,’ she says. Many refugees get jobs at come a home, if not their first home. In through the summer, was a miniature hotels and restaurants. Landlords call, too, version of the emotionally charged argument despite Burlington’s low housing vacancy an article featured in POLITICO in No- that dominated so much of the presidential rate. ‘‘Refugees are hyper-aware of the im- vember 2016, one refugee, Ramadan cycle. But the way Rutland residents re- portance of good credit,’’ she says. ‘‘[They] Bahic, a Bosnian Muslim who fled their sponded was quintessentially Vermont: gen- take care of their apartments and their Serb-controlled town during the Bos- erous and pragmatic. In the end, most resi- neighborhoods.’’ nian civil war said, ‘‘My language is dents saw that this was about more than the It’s hard to measure refugees’ assimilation my language, my accent will stay, but refugees’ well-being. It was about their own or happiness. Instead, agencies like VRRP if you ask me, I’m a Vermonter.’’ as well. look at self-sufficiency to measure success. To Mr. Bahic and to those refugees A six-foot-tall teddy bear with a red bowtie Refugees get a one-time payment of $925 to rests on a shelf in Vermont Bosna Cutting, $1,125 to start anew in the U.S. After that, recently settled in Vermont—or hope Ramadan Bahic’s fabric shop. It’s a photo op the goal is to help them find a job that pays to do so in the future—I say welcome for every kid who visits the business, and a enough to make them ineligible for state home. symbol of how Bahic and his wife rebuilt aid. In 2015, Merdzanovic says, 75 percent of I ask unanimous consent that the their lives in the Green Mountain State after employable adults resettled in Vermont were text of a November 2016 POLITICO ar- fleeing Bosnia in 1993. Fashion designers be- self-sufficient within three months of arriv- ticle, ‘‘My Language is My language, fore the war, the Bahics now cut fabric for ing. By eight months, the figure rose to 88 But I’m a Vermonter,’’ be printed in clients that include the Vermont Teddy Bear percent. Co. ‘‘[If] we don’t hear from them, we know the RECORD. ‘‘I can say I’m born here,’’ says Bahic, 56, There being no objection, the mate- they’re working, their kids are in school, burly and upbeat. ‘‘My language is my lan- they’re driving, they have a car and driver’s rial was ordered to be printed in the guage, my accent will stay, but if you ask license. That’s a success,’’ she says. Record, as follows: me, I’m a Vermonter.’’ In Burlington, refugees’ biggest challenge [From POLITICO, Nov. 17, 2016] Bahic and his family, all of them Bosnian is affordable housing. Timsina, the Bhuta- ‘MY LANGUAGE IS MY LANGUAGE, BUT I’MA Muslims, fled their Serb-controlled town nese grocer, says some refugees have moved VERMONTER’ during the Bosnian civil war. ‘‘My father was to Ohio or Pennsylvania because of Bur- beaten by Serbs,’’ Bahic says. ‘‘Both my par- Vermont has accepted thousands of refu- lington’s high rents—at least $1,500 a month ents, they were almost killed. We were wit- gees over the years, boosting the population for a three-bedroom apartment. That’s one nesses, so we were supposed to be killed.’’ and the economy. A debate over accepting reason Rutland appealed to VRRP. The Red Cross evacuated them to a refugee Syrians put the state to the test. But accepting Rutland’s application to be- camp in Croatia, and after four months, they come a resettlement site for Syrians has ex- (By Erick Trickey) were resettled in Burlington. posed VRRP to something it hasn’t dealt BURLINGTON—Eight years ago, Som Though Vermont isn’t known for its diver- with elsewhere: angry opposition. ‘‘It’s very Timsina’s family left a refugee camp in sity—whites make up 94 percent of its popu- different,’’ says Merdzanovic. ‘‘It’s new Nepal and became one of the first Bhutanese lation of 625,000—that’s changing. Bahic’s waters for all of us.’’ families to seek sanctuary in Vermont. new life is a testament to the major role ref- As Rutland Mayor Chris Louras crosses a Timsina drove the Holiday Inn’s shuttle on ugees have played in bringing new cultures downtown street corner, an SUV pulls up. night shifts for three years as he saved to to Burlington. His parents’ funeral services ‘‘Hey, Louras!’’ shouts the passenger. open his own Asian grocery. Five years later, were presided over by an imam from the Is- ‘‘Mr. Congressman!’’ says the mayor. Central Market has become a gathering lamic Center of Vermont, one of the state’s Peter Welch, Vermont’s lone member of place for the state’s growing population of two mosques. Though Bahic leads a mostly the House of Representatives, is the pas- ethnic Nepali from Bhutan, and its kitchen secular life—he likes to gamble and drink— senger, and he’s not at all surprised to find dishes out Himalayan cuisine that gets raves he’s visited Burlington-area churches to ex- the mayor giving an interview about his sup- from locals on Yelp—tikka masala and plain Islam. The 15 employees at his business port for refugees. Welch is quick to say that biryani, plus Nepali momo dumplings. in suburban Winooski include many Viet- he and Vermont’s senators back Louras’ ef- Timsina, 38, works long, fast-paced days. namese-immigrant seamstresses. His Bhuta- fort. In a 20 minute chat in his store, he never nese neighbors in his Colchester apartment ‘‘All three of us support accepting refugees takes off his black jacket or takes the complex are working hard, hunting for new in the country—America needs to do its Bluetooth from his ear. Though business work, moving up. ‘‘In five years, they’re share—but the real hard work is in the com- isn’t as strong as he’d like, and housing costs looking to buy a house, some looking to buy munities where people are going to land and in Burlington are high, Vermonters, he says, a new car,’’ he says. live,’’ Welch says. have offered a welcoming refuge for him and Immigrants in Vermont have organized to It hasn’t been easy, but Louras, an Army his family—including his father, who was help newer arrivals. The Association of Afri- veteran who still sports a soldier’s buzz cut, tortured by authorities in Bhutan. cans Living in Vermont, founded as a social has a history of charging ahead. That’s what ‘‘They react good so far,’’ he says of circle, now offers workforce development and Louras did last November, when Vermont Vermonters. ‘‘They are helping us.’’ translation services to new refugees. Tuipate Governor Peter Shumlin, a Democrat, an- For decades now, Vermont has welcomed Mubiay, a Congolese immigrant who co- nounced that he, unlike several Republican refugees from around the world: more than founded the group in 1999, also runs an ori- governors, would continue to welcome Syr- 8,000 since 1989, just over 1 percent of the entation and a conversation partners pro- ian refugees to his state.

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00093 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.098 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S966 CONGRESSIONAL RECORD — SENATE February 8, 2017 ‘‘I saw that as an opportunity,’’ Louras be much more difficult than we think to help my wife Marcelle and I came to know says, ‘‘not just to do the right thing—to open these folks,’’ she says. Louras and others Dermot and his wife, Maeve, and I was our doors to a people who are fleeing for have disputed Wilton’s figures. The mayor fortunate to retain his friendship long their lives—but also to do the right thing for says taking in refugees won’t cost City Hall after he returned to Ireland to advance the community.’’ Louras says Syrian refu- a thing, and the schools superintendent says gees could give Rutland a population boost the district has excess capacity for teaching the cause of peace. and more cultural and ethnic diversity, English. I fondly recall our discussions about which in turn could help the town attract Wilton, like Rutland First, says she isn’t the relationship between the U.S., and and retain millennials. completely opposed to taking in refugees— particularly Vermont, and Ireland over ‘‘Our population is crashing,’’ Louras says. maybe 25 a year would be OK, she says. But dinner while he was Ambassador, vis- Though Rutland is one of Vermont’s largest she’s concerned that they’ll take jobs from iting with him over a decade later cities, that doesn’t mean it’s very big. About native Vermonters and that there aren’t when he had returned to Ireland and I 16,000 people live there, down from 19,000 in enough middle-class jobs in town to offer visited on a trade mission, and the 1970. Louras, mayor for nine years, has economic mobility. She also has security many conversations between about our worked to turn it around. He says downtown concerns about admitting Syrians to the occupancy is at 95 percent, up from 75 per- U.S., citing intelligence concerns that ISIS families, our shared heritage, and our cent when he started. But Rutland has been can generate fake passports and may try to passion for U.S.-Ireland relations and hit hard by the opioid epidemic and the infiltrate the West through refugee flows. the cause of peace. subprime mortgage crisis. Absentee land- ‘‘We’re more than likely to end up, out of I shared a personal memory in Ire- lords have neglected their properties, leaving 10,000, 20,000 people, to have some folks here land nearly 20 years ago that is worth the city to step in with garbage pickup and that don’t have our best interests at heart,’’ sharing again because it speaks to who grass-mowing. Refugees, he says, could revi- she says. Dermot was as a person. While he was talize the city’s hardest-hit neighborhoods. Louras says he’s confident that the federal Ambassador, I was discussing my fam- ‘‘In Burlington and Winooski, new Ameri- vetting process is solid: ‘‘Individuals who ily’s Irish ancestry, and I told him I cans really take pride in where they live and want to do us harm are not going to come become very engaged community members.’’ through refugee resettlement.’’ wished my father, Howard Francis Besides, he says, the town’s economy needs In late September, the State Department Leahy, had still been with us to know workers: Unemployment is below 4 percent approved Rutland as a new home for refu- my family was planning a trip to Ire- in Rutland County, and the region’s top em- gees. Louras says 75 Syrians from either the land. Dermot said to me, ‘‘Pat, don’t ployers, Rutland Regional Medical Center Zaatari refugee camp in Jordan or camps in you think your father knows?’’ It and a GE aviation plant, have trouble find- Lebanon, plus 25 Iraqis, should arrive in De- brought tears to my eyes. He was as ing new employees. cember or January. personable and genuine as he was a So, after talking with State Department Notte says he’s confident that most Rut- skillful diplomat. and Homeland Security officials, VRRP, the land residents support the refugees’ arrival. Perhaps his legacy has been best con- local school district and major regional em- He says meetings of Rutland Welcomes at- ployers, Louras announced in April that Rut- tract much larger audiences than resettle- veyed by the reaction of his former col- land would apply to welcome 100 refugees a ment’s vocal opponents. The refugees’ sup- leagues on learning of his passing, who year, starting with 100 Syrians. A supportive porters have organized a furniture donation described him as a ‘‘gentleman,’’ ‘‘dis- group, Rutland Welcomes, organized almost drive and begun holding free weekly Arabic tinguished diplomat,’’ and a ‘‘brilliant, immediately to prepare for the Syrians’ ar- lessons at the Unitarian Universalist creative and warm human being.’’ rival. So did opposition. Church. President Michael D. Higgins noted his ‘‘These are the same people or many of the ‘‘Vermont is desperately in need of young significant contribution to the peace same who danced in the street celebrating 9/ working people,’’ Notte says. ‘‘It’s a match process. Minister for Foreign Affairs 11, the same people who hate us,’’ read a made in heaven.’’ Charlie Flanagan lauded his ‘‘talented change.org petition against the resettle- f ment, with more than 400 supporters. An- service,’’ marked by ‘‘great loyalty and other group, Rutland First, also launched REMEMBERING DERMOT constant commitments.’’ Prime Min- fierce criticisms of the refugee resettlement GALLAGHER ister Enda Kenny described him as a plan and hosted national anti-immigration Mr. LEAHY. Mr. President, I have ‘‘patriot, an outstanding public servant speakers Philip Haney and James Simpson in who embodied the best of Ireland and September. come to this Chamber to pay tribute to Dermot Gallagher, an Irish diplomat its people.’’ Some critics complained that Louras had Dermot was all of these things, and and civil servant who I was deeply sad- acted secretly by not informing the city’s he will be greatly missed, but affec- board of aldermen. ‘‘To keep it a big, fat, dened to hear passed away on January tionately remembered. frickin’ secret until it’s too late obviously 15, 2017, after a lifetime dedicated to breeds mistrust,’’ says Rutland City Treas- Marcelle and I send our deepest con- public service. dolences to his wife, Maeve, and to urer Wendy Wilton. Dermot Gallagher was a friend of the In a July meeting, the aldermen narrowly their children, Fiona, Aoife, and rejected a petition to hold a nonbinding city- United States. His career overseas was Ronan. bookended by tours here, having first wide referendum on refugee resettlement. In- f stead, they voted to send a letter to the been posted at the Irish consulate in State Department saying they weren’t ready San Francisco in 1971 before serving at TRIBUTE TO FATHER RAY to endorse the idea. the United Nations in New York, the DOHERTY ‘‘The last thing I wanted was for Rutland Irish Embassy in London, with the Eu- Mr. LEAHY. Mr. President, I would to be tarred [as] the community that voted ropean Commission in Brussels, as on whether or not Muslims could be our like to take a moment today to honor neighbors,’’ says Will Notte, president of the Irish Ambassador to Nigeria, and ulti- Father Ray Doherty, a fellow aldermen, who supports resettlement. ‘‘We mately returning to the U.S. as the Michaelman and a pillar of the St. Mi- never voted on Italians coming. We didn’t Irish Ambassador in Washington. chael’s College community. Father vote on the Poles. This is not something that He is perhaps best known for his role Ray, as he is warmly known, exempli- is meant to be decided at the ballot box.’’ in the Northern Ireland peace process. fies so many of the qualities we Rutland alderman Scott Tommola, who For decades, Dermot was involved in Vermonters hold dear. His compassion voted to send the question to the ballot, says efforts to bring about peace and rec- and leadership have contributed to a he’s not opposed to taking in refugees. ‘‘I’ve onciliation. He was involved in the met very few who are adamantly opposed to vibrant college campus and has in- this,’’ Tommola says. ‘‘The majority of peo- Sunningdale negotiations in 1973, im- spired those beyond its borders. As a ple I talk to are cautiously optimistic.’’ But plementation of the Anglo-Irish Agree- member of the Society of Saint Ed- he isn’t convinced that the city has the jobs, ment in the late 1980s, and ultimately mund, whose members founded the col- housing and education capacity to take in the negotiations and implementation lege in 1904, Father Ray has embodied 100 refugees a year. ‘‘Show me these jobs and of the Good Friday Agreement, when a commitment to social justice the housing that’s adequate,’’ he says. he used his ‘‘emollient style of negotia- throughout his lifetime of service. In August, at a Rutland First meeting, tion and diplomacy,’’ as former junior Father Ray first came to St. Mi- Wilton claimed that taking in refugees will chael’s as a 17-year-old freshman. He cause Rutland’s property taxes to rise. She minister and former Senator Martin predicts they’ll drive up English-language Mansergh aptly described, to make sig- spent his college years as both a stu- learning costs in local schools, and their nificant contributions. dent and an athlete, gracing the base- housing needs will require the city to spend Dermot was also my friend. Over the ball program with his talents as pitch- more on community development. ‘‘It could course of his 6 years as Ambassador, er before graduating in 1951. Father

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.102 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S967 Ray then served as a staff sergeant in ‘‘Leadership can also mean listening to the Forces in combat; to the Committee on the U.S. Marine Corps during the Ko- call. When I look back on my life I see so Homeland Security and Governmental Af- rean conflict. It was there that Father many surprising moments when I made deci- fairs. Ray saw the importance of loyalty and sions on my own or with God’s help. As a By Mr. ROUNDS (for himself and Mr. Christian and a believer, I do believe that LANKFORD): strong leadership, leading him to join there is some guidance out there if we are S. 343. A bill to repeal certain obsolete another brotherhood following his dis- open to it. We must be open to inspiration in laws relating to Indians; to the Committee charge. order to he good leaders.’’ on Indian Affairs. As an Edmundite priest for more By Mrs. FISCHER (for herself and Mr. f than six decades, Father Ray had ad- KING): vised and supported countless students MESSAGE FROM THE PRESIDENT S. 344. A bill to amend the Internal Rev- at Saint Michael’s. His leadership on enue Code of 1986 to provide a credit to em- A message from the President of the ployers who provide paid family and medical campus focuses on setting a good ex- United States was communicated to leave, and for other purposes; to the Com- ample through actions rather than the Senate by Mr Pate, one of his sec- mittee on Finance. words. Father Ray’s commitment to retaries. By Mrs. FISCHER (for herself, Mrs. social justice and involvement in cam- ERNST, and Mrs. CAPITO): pus service organizations has fostered f S. 345. A bill to amend the Fair Labor peace and justice with in the college EXECUTIVE MESSAGE REFERRED Standards Act of 1938 to strengthen equal community. Though honored with an pay requirements; to the Committee on In executive session the Presiding Of- array of awards, including induction Health, Education, Labor, and Pensions. ficer laid before the Senate a message By Ms. MURKOWSKI (for herself, Ms. into the college’s athletic hall of fame from the President of the United CANTWELL, and Ms. HIRONO): and the establishment of a scholarship States submitting a nomination which S. 346. A bill to provide for the establish- in his name, Father Ray remains hum- was referred to the Committee on ment of the National Volcano Early Warning ble. His role as an administrator, lead- and Monitoring System; to the Committee Homeland Security and Governmental er, and friend is rooted in a sense of on Energy and Natural Resources. Affairs. selflessness and an everlasting commit- (The message received today is print- f ment to the community around him. ed at the end of the Senate ADDITIONAL COSPONSORS To my friend Ray, I say, ‘‘Semper proceedings.) Fi.’’ S. 59 The St. Michael’s College Magazine f At the request of Mr. CRAPO, the name of the Senator from South Da- recently highlighted Father Ray’s serv- MESSAGE FROM THE HOUSE ice, and I ask unanimous consent that kota (Mr. ROUNDS) was added as a co- that featurette be printed in the At 10:18 a.m., a message from the sponsor of S. 59, a bill to provide that RECORD. House of Representatives, delivered by silencers be treated the same as long There being no objection, the mate- Mr. Novotny, one of its reading clerks, guns. rial was ordered to be printed in the announced that the House has passed S. 66 RECORD, as follows: the following joint resolutions, in At the request of Mr. HELLER, the GREAT LEADERS THINK OF THE COMMON GOOD which it requests the concurrence of names of the Senator from Rhode Is- the Senate: (By Susan Salter Reynolds) land (Mr. WHITEHOUSE) and the Senator H.J. Res. 44. Joint resolution disapproving Father Ray Doherty, SSE, served as a staff from New Jersey (Mr. MENENDEZ) were the rule submitted by the Department of the sergeant in the United States Marine Corps added as cosponsors of S. 66, a bill to Interior relating to Bureau of Land Manage- during the Korean conflict, and has been an amend title 10, United States Code, to ment regulations that establish the proce- Edmundite priest in the campus ministry permit certain retired members of the dures used to prepare, revise, or amend land and on the Board of Trustees at Saint Mi- use plans pursuant to the Federal Land Pol- uniformed services who have a service- chael’s for half a century. He is, by all ac- icy and Management Act of 1976. connected disability to receive both counts, a much-loved and admired presence H.J. Res. 57. Joint resolution providing for disability compensation from the De- on the campus. congressional disapproval under chapter 8 of partment of Veterans Affairs for their ‘‘What I look for in leadership is a good ex- title 5, United States Code, of the rule sub- ample,’’ he says, paraphrasing St. Francis: disability and either retired pay by mitted by the Department of Education re- ‘‘It’s not so much what you say as what you reason of their years of military serv- lating to accountability and State plans do.’’ Father Ray can’t help but point out ice or Combat-Related Special Com- under the Elementary and Secondary Edu- that in this election season these words took pensation, and for other purposes. cation Act of 1965. on special meaning. H.J. Res. 58. Joint resolution providing for S. 86 ‘‘Great leaders think of the common congressional disapproval under chapter 8 of At the request of Mr. MCCAIN, the good,’’ he says. ‘‘They aren’t in it just for title 5, United States Code, of the rule sub- themselves.’’ Here at Saint Michael’s, he names of the Senator from Oklahoma mitted by the Department of Education re- says, ‘‘We are blessed with the opportunity (Mr. LANKFORD) and the Senator from lating to teacher preparation issues. to lead by example.’’ North Carolina (Mr. TILLIS) were added Father Ray believes that making people f as cosponsors of S. 86, a bill to amend feel safe is an important part of good leader- the Veterans Access, Choice, and Ac- ship. He admires the leadership of Pope INTRODUCTION OF BILLS AND countability Act of 2014 to modify the Francis ‘‘He is a man of action,’’ Father Ray JOINT RESOLUTIONS termination date for the Veterans says, recalling a time when Pope Francis em- The following bills and joint resolu- Choice Program. braced a man with a very disfigured face. tions were introduced, read the first ‘‘He didn’t hesitate. This is an example of ac- S. 139 tions being more important than words.’’ and second times by unanimous con- At the request of Mr. HATCH, the Humility is another raw ingredient of lead- sent, and referred as indicated: name of the Senator from South Da- ership, and Father Ray sees this quality on By Mr. GRAHAM (for himself, Mr. kota (Mr. ROUNDS) was added as a co- campus in many places, including the leader- CARDIN, Mr. MCCAIN, Mr. BROWN, Mr. sponsor of S. 139, a bill to implement ship of President Jack Neuhauser. ‘‘He is ex- RUBIO, and Mrs. MCCASKILL): the use of Rapid DNA instruments to tremely humble—always stands in the back S. 341. A bill to provide for congressional for group photographs!’’ oversight of actions to waive, suspend, re- inform decisions about pretrial release Was the leadership Father Ray saw in the duce, provide relief from, or otherwise limit or detention and their conditions, to Marines different from the leadership he has the application of sanctions with respect to solve and prevent violent crimes and experienced in civilian life? ‘‘The training the Russian Federation, and for other pur- other crimes, to exonerate the inno- was strict,’’ he says, ‘‘but I might never have poses; to the Committee on Foreign Rela- cent, to prevent DNA analysis back- become a priest if I hadn’t had that oppor- tions. logs, and for other purposes. tunity to think about things. There’s a lot of By Mr. BLUMENTHAL (for himself and S. 178 love in military life. Many talk about love Mrs. ERNST): for their fellow Marines, about fighting S. 342. A bill to provide for the issuance of At the request of Mr. GRASSLEY, the maybe not for a cause or a country but in a ‘‘Gold Star Families Forever Stamp’’ to name of the Senator from Maine (Ms. the moment for the guy next to you. You de- honor the sacrifices of families who have lost COLLINS) was added as a cosponsor of S. velop these bonds, this loyalty’’ a loved one who was a member of the Armed 178, a bill to prevent elder abuse and

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00095 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.099 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S968 CONGRESSIONAL RECORD — SENATE February 8, 2017 exploitation and improve the justice Council in approving the Death with such as Mount Redoubt in Alaska, system’s response to victims in elder Dignity Act of 2016. erupted well over 100 times in 2009–2010, abuse and exploitation cases. S. CON. RES. 6 causing the cancellation of more than S. 203 At the request of Mr. BARRASSO, the 230 commercial airline flights and put- At the request of Mr. BURR, the name name of the Senator from Nebraska ting almost 10,000 airline passengers at of the Senator from Indiana (Mr. (Mrs. FISCHER) was added as a cospon- risk. If eruption forecasts had not ac- YOUNG) was added as a cosponsor of S. sor of S. Con. Res. 6, a concurrent reso- curately predicted where ash clouds 203, a bill to reaffirm that the Environ- lution supporting the Local Radio from the eruptions might migrate, the mental Protection Agency may not Freedom Act. negative impacts could have been regulate vehicles used solely for com- S. RES. 51 much worse, or even catastrophic. The threat to our Nation from vol- petition, and for other purposes. At the request of Ms. HIRONO, the canic eruptions was dramatically illus- S. 253 name of the Senator from Virginia (Mr. trated on December 15, 1989, when a At the request of Mr. CARDIN, the WARNER) was added as a cosponsor of S. Boeing 747 flying 150 miles northeast of names of the Senator from Rhode Is- Res. 51, a resolution recognizing the Anchorage, AK encountered an ash land (Mr. REED), the Senator from contributions of Federal employees and cloud that rose from an earlier erup- Rhode Island (Mr. WHITEHOUSE) and the pledging to oppose efforts to reduce tion of Mount Redoubt. The plane lost Senator from Vermont (Mr. LEAHY) Federal workforce pay and benefits, power in all four engines, falling some were added as cosponsors of S. 253, a eliminate civil service employment 10,000 feet before it could restart two of bill to amend title XVIII of the Social protections, undermine collective bar- its engines. The restart saved the lives Security Act to repeal the Medicare gaining, and increase the use of non- of the plane’s 231 passengers but caused outpatient rehabilitation therapy caps. Federal contractors for inherently gov- $80 million in damage to the craft. S. 306 ernmental activities. This incident points out the dangers At the request of Mr. ISAKSON, the f to aircraft, especially on the west coast name of the Senator from Iowa (Mr. and in Alaska’s air space. The Federal GRASSLEY) was added as a cosponsor of STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS Aviation Administration reports that S. 306, a bill to provide for a biennial more than 80,000 large aircraft a year budget process and a biennial appro- By Ms. MURKOWSKI (for herself, carrying more than 30,000 passengers a priations process and to enhance over- Ms. CANTWELL, and Ms. day, travel in skies over and poten- sight and the performance of the Fed- HIRONO): tially downwind of many of Alaska’s eral Government. S. 346. A bill to provide for the estab- volcanoes, mostly on the heavily trav- S. 316 lishment of the National Volcano Early eled great-circle routes between Eu- At the request of Mr. HATCH, the Warning and Monitoring System; to rope, North America, and Asia. The name of the Senator from Wyoming the Committee on Energy and Natural Alaska Volcano Observatory, with only (Mr. ENZI) was added as a cosponsor of Resources. partial Federal funding, today is re- S. 316, a bill to amend the Mineral Mr. President, I rise today to reintro- sponsible for monitoring 29 active vol- Leasing Act to recognize the authority duce, along with my cosponsors Sen- canoes in the Ring of Fire area along of States to regulate oil and gas oper- ator Maria CANTWELL of Washington the Aleutian Island flight path. ations and promote American energy and Senator MAZIE HIRONO of Hawaii, Even greater potential problems security, development, and job cre- legislation that will establish a na- exist for west coast air travelers. There ation, and for other purposes. tional volcano early warning and moni- are five active major volcanoes in the S. 324 toring system to monitor, warn, and Cascade Range of Washington, Oregon, At the request of Mr. HATCH, the protect citizens from undue and avoid- and Idaho, including Mount Baker, name of the Senator from Utah (Mr. able harm from volcanic activity. The Glacier Peak, Mount Rainier, Mount LEE) was added as a cosponsor of S. 324, system will tie the Alaska Volcano Ob- St. Helens, and Mount Adams. In the a bill to amend title 38, United States servatory and the Cascadia Volcano past 31 years, there have been more Code, to improve the provision of adult Observatory with the other existing than 50 eruptions and at least 17 epi- day health care services for veterans. U.S. Geological Survey, USGS facili- sodes of significant unrest at 34 dif- ties: the Hawaiian; Long Valley, Cali- S. 333 ferent volcanoes in the United States, fornia; and Yellowstone Volcano Ob- At the request of Mr. LANKFORD, the according to the USGS. servatories. The bill will unify the name of the Senator from Oklahoma While Mount St. Helens is well monitoring systems of the volcano ob- (Mr. INHOFE) was added as a cosponsor known, Mount Rainier near Seattle servatories into a single connected sys- of S. 333, a bill to limit donations made could cause far greater loss of life tem, establish a national volcano pursuant to settlement agreements to should it erupt again, highlighting the watch office, operational 24 hours a which the United States is a party, and benefit of advance notice. The same is day, 7 days a week, and fund necessary for other purposes. true of the Yellowstone National Park new academic-governmental research. caldera, should it erupt. The advances S. 337 The United States is home to 169 ac- in volcanic/earthquake forecasting At the request of Mrs. GILLIBRAND, tive volcanoes, of which 55 are consid- aided by a national watch office could the name of the Senator from Mary- ered to be threatening to life and prop- help to make more accurate and timely land (Mr. CARDIN) was added as a co- erty. Few Americans realize that of the predictions of eruptions possible. sponsor of S. 337, a bill to provide paid 50 volcanic eruptions that occur annu- In 1989, the Alaska Volcano Observ- family and medical leave benefits to ally worldwide, the United States is atory was able to provide only a few certain individuals, and for other pur- the third most active country for erup- days’ notice before Mount Redoubt poses. tions, ranking only behind Indonesia erupted that year. In 2009, after the S. 338 and Japan in its number of historically center’s capabilities had been expanded At the request of Mr. NELSON, the active volcanoes. Since 1990, eight com- and hours of operation increased, it name of the Senator from Oregon (Mr. mercial aircraft have lost engine power would provide two months of notice be- WYDEN) was added as a cosponsor of S. in flight and dozens more have been fore the volcano again erupted, giving 338, a bill to protect scientific integrity damaged after flying into ash clouds enough warning time to reduce oil in Federal research and policymaking, caused by volcanic eruptions. Many stored in the Drift River tank farm and for other purposes. Americans remember that Mount St. complex, located downslope from the S.J. RES. 4 Helens in Washington State explosively volcano, and reducing the threat of sig- At the request of Mr. LANKFORD, the erupted on May 18, 1980. The eruption nificant environmental damage. name of the Senator from Utah (Mr. caused 57 fatalities and destroyed 27 This bill will require the Secretary of LEE) was added as a cosponsor of S.J. bridges and 185 miles of highways at a the Interior to establish the national Res. 4, a joint resolution disapproving cost of $1.1 billion. Fewer Americans volcano early warning and monitoring the action of the District of Columbia remember that lesser known volcanoes, system within the USGS to monitor,

VerDate Sep 11 2014 05:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00096 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.107 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S969 warn, and protect the United States COMMITTEE ON ENVIRONMENT AND PUBLIC nomination, I wanted to see if I could from volcanic eruptions. The system WORKS put a little perspective on the upcom- would organize, modernize, stand- The Committee on Environment and ing debate. ardize, and stabilize the operation of Public Works is authorized to meet Focusing on bipartisanship has al- the Nation’s five western volcanic ob- during the session of the Senate on ways been important to me. I know servatories: Alaska, California, Cas- Wednesday, February 8, 2017, at 10 a.m. many of my colleagues on the Senate cades, Hawaiian, and Yellowstone Ob- in room 406 of the Dirksen Senate Of- Finance Committee, on the Democratic servatories. The bill calls for upgrading fice Building to conduct a hearing enti- side, share that view, and in 2009, the the existing networks, using geodetic tled ‘‘Oversight: Modernizing our Na- nominations of Democrats Tom capacities when appropriate, on cur- tion’s Infrastructure.’’ Daschle, Tim Geithner, and Ron Kirk rently monitored volcanoes and allow- COMMITTEE ON INDIAN AFFAIRS were all handled in a bipartisan way. ing new networks to be installed on The Committee on Indian Affairs is Issues came up in the vetting process some non-monitored volcanoes. The authorized to meet during the session in each of these cases, and both sides of bill will also prompt USGS to help fund of the Senate on Wednesday, February the committee took the investigation observatories to monitor another 20 8, 2017, in room 628 of the Dirksen Sen- seriously. Unfortunately, that has not high-priority volcanoes such as Mount ate Office Building at 2:30 p.m. to con- been the case in 2017. Adams in Washington, North Sister duct an oversight hearing on ‘‘Emer- While Congressman PRICE served on Field in Oregon, Clear Lake in Cali- gency Management in Indian Country: the powerful Ways and Means Com- fornia, and Mount Spurr in Alaska; set Improving FEMA’s Federal-Tribal Re- mittee, he traded in health care stocks, up a national volcano watch office that lationship with Indian Tribes.’’ pushed policies that helped his port- will be operational at all hours; estab- SUBCOMMITTEE ON READINESS AND folio, and got special access to a prom- lish a national volcano data center; MANAGEMENT SUPPORT ising stock deal. support research in volcano monitoring The Subcommittee on Readiness and I asked the congressman directly in science and new technology develop- Management Support of the Com- his Finance Committee hearing wheth- ment; encourage modernization of mittee on Armed Services is authorized er he got a special deal. He said that he monitoring activities including ‘‘com- to meet during the session of the Sen- did not. I don’t think you could be much prehensive application of emerging ate on Wednesday, February 8, 2017, at clearer than the following passage from technologies, such as digital broadband 2:30 p.m. seismometers, real-time continuous a recent report by a Pulitzer prize-win- f Global Positioning System receivers, ning reporter at the Wall Street Jour- satellite and airborne radar ORDER OF PROCEDURE nal. He wrote: ‘‘Rep. Tom Price got a interferometry, acoustic pressure sen- Mr. CORNYN. Mr. President, I ask privileged offer to buy a biomedical sors and spectrometry to measure gas unanimous consent that at 2 p.m. to- stock at a discount, the company’s offi- emissions’’ from lava chambers; au- morrow, the Chair lay before the Sen- cials said, contrary to his congres- thorize cooperative agreements to es- ate a certificate of appointment from sional testimony this month.’’ tablish partnerships between the sys- the State of Alabama. I want to repeat that because I think tem and institutions of higher edu- The PRESIDING OFFICER. Without it goes right to the heart of why Fi- cation and State agencies to collect objection, it is so ordered. nance Committee Democrats feel that the effort to do the vetting necessary data and coordinate volcanic informa- f tion sharing and funding to pay for new with respect to Congressman PRICE is work; and establish an advisory com- ORDERS FOR THURSDAY, not completed. mittee to assist with implementation. FEBRUARY 9, 2017 A Pulitzer Prize-winning reporter at This bill was proposed in 2009, 2011, Mr. CORNYN. Mr. President, I ask the Wall Street Journal—I will just and most recently in 2015. Last year it unanimous consent that when the Sen- read it again—wrote: ‘‘Rep. Tom Price was the subject of a hearing before the ate completes its business today, it ad- got a privileged offer to buy a bio- Committee on Energy and Natural Re- journ until 10 a.m., Thursday, February medical stock at a discount, the com- sources. The record of that hearing 9; that following the prayer and pledge, pany’s officials said, contrary to his contains no opposition to this nec- the morning hour be deemed expired, congressional testimony this month.’’ So, as I indicated, my Democratic essary legislation or the effort it would the Journal of proceedings be approved colleagues and I on the committee said spur. I hope that this Congress will be to date, and the time for the two lead- it was important to take more time to the one that puts this bill on the Presi- ers be reserved for their use later in look into this issue. But the majority, dent’s desk and sees it enacted on pub- the day; further, that following leader when we said we needed to take more lic safety grounds alone, the need for remarks, the Senate proceed to execu- time to look at it, decided to look the this bill is compelling. tive session to resume consideration of other way. That is the first reason for f the Price nomination postcloture; fi- concern on my side. AUTHORITY FOR COMMITTEES TO nally, that all time during morning The second is how Congressman business, recess, or adjournment of the MEET PRICE would manage Health and Senate count postcloture on the Price Mr. LEE. Mr. President, I have four Human Services, a Department that is nomination. really all about people: services for requests for committees to meet during The PRESIDING OFFICER. Is there seniors, services for the poor, for the today’s session of the Senate. They objection? have the approval of the Majority and Without objection, it is so ordered. disabled, for children, and for families. Minority leaders. These are the powerful threads of our Pursuant to Rule XXVI, paragraph f safety net. If the safety net is not there 5(a), of the Standing Rules of the Sen- ORDER FOR ADJOURNMENT for those who have nowhere else to ate, the following committees are au- Mr. CORNYN. If there is no further turn, those poor will suffer greatly. thorized to meet during today’s session business to come before the Senate, I Now, the debate on Congressman of the Senate: ask unanimous consent that it stand PRICE’s nomination, in my view, is a COMMITTEE ON COMMERCE, SCIENCE, AND adjourned under the previous order, referendum on the future of health care TRANSPORTATION following the remarks of the Senator in America. In short, it is a debate The Committee on Commerce, from Oregon, Mr. WYDEN. about whether it makes sense for our Science, and Transportation is author- The PRESIDING OFFICER. Without country to go back to the dark days ized to hold a meeting during the ses- objection, it is so ordered. when health care worked only for the sion of the Senate on Wednesday, Feb- The Senator from Oregon. healthy and the wealthy. ruary 8, 2017, at 10 a.m. in room SDG– f Based on the public record, Medicare 50. The Committee will hold a hearing is a program Congressman PRICE on ‘‘A Look Ahead: Inspector General NOMINATION OF TOM PRICE doesn’t believe in, and it guarantees Recommendations for Improving Fed- Mr. WYDEN. Mr. President, as the services he doesn’t believe seniors eral Agencies.’’ Senate begins to consider the Price should have.

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\CR\FM\A06FE6.109 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S970 CONGRESSIONAL RECORD — SENATE February 8, 2017 On the Affordable Care Act, he is the It is a promise that when you turn 65, children sing it almost as a jingle. Re- architect of repeal and run. He wrote you will be guaranteed health care ben- peal and replace. It has been said so the bill himself. He proposed weak- efits regardless of your economic sta- many times. A government shutdown ening protections for Americans with tion in life or the status of your health. all built around that slogan—repeal preexisting conditions. He would slash And the reason Medicare was built and replace. Medicaid, shredding the health care with this special guarantee is straight- At one point, the President-elect said safety net for the least fortunate in our forward: No American knows how repeal and replace would happen, in his country. He would take away health healthy they will be when they reach words, ‘‘simultaneously.’’ Shortly be- care choices for women across the age 65. Perhaps you are a marathoner fore inauguration, he said they would country. at age 50 and you develop arthritis or come within the same hour, and he said Look for the common thread, Mr. Alzheimer’s or cancer a decade and a Congressman PRICE was writing the re- President and colleagues, among the half later. Furthermore, no one knows placement plan and it was nearly ready Price proposals. They take away cov- what the economy is going to look like to be unveiled. erage for our people and make health years ahead or decades ahead into the But the public heard a different story care more expensive for individuals or future. For the less fortunate, high in- during Congressman PRICE’s Finance both. That is where Congressman PRICE flation or a stock market crash could Committee hearing. At that hearing, stands when it comes to American all but wipe out what they set aside our colleague Senator BROWN of Ohio health care. over a lifetime of work. Seniors could asked: The President said he is work- Every Senator who casts a vote for find their benefits exposed to new dan- ing with you on a replacement plan for Congressman PRICE has to stand by ger every time there is a financial the Affordable Care Act, which is near- that agenda. Beyond what this means downturn. ly finished, and it will be revealed after for the future of American health care, During the recent campaign, the your confirmation; is that true? there is the lingering specter of serious American people heard a standard That was the question posed by Sen- legal and ethical issues. Trump pledge: No cuts to Medicare. ator BROWN to Congressman PRICE. Tonight and in the hours ahead, this But when you look at the Price record The Congressman said: It is true that debate is going to tackle each of those and the promise of President Trump, he said that, yeah—that he said that, issues and more. As it gets underway, I there is a big gap between the two. yeah. A moment later he added, ‘‘I am going to begin with Medicare. When you look at Congressman PRICE’s have had conversations with the Presi- In my view, Medicare has been a his- plan, it is clear that the Trump pledge dent about health care, yes.’’ toric achievement in the way policy is was on the ropes the minute he was made in our country. In any debate So if anybody is waiting for the cur- nominated. In fact, Congressman PRICE tain to rise on the Price replacement like this one, I recall my days when I said that he wants to voucherize Medi- was the codirector of the Oregon Gray plan, it sounds like you are going to care within the first 6 to 8 months of have to wait a while longer. In fact, the Panthers, when I worked with seniors the administration. Let me repeat that who couldn’t imagine life without President said this weekend, just this again. weekend, Americans might have to Medicare. But I will tell you, they told Mr. President, some of these state- wait until next year to see the replace- me stories about what it was like for ments that the Congressman has made ment, but the uncertainty about what their grandparents when there wasn’t are so far-fetched that once in a while comes next sure hasn’t slowed down Medicare. There were poor farms—lit- I am going to have to repeat them so the charge of many toward repeal. In erally, poor farms—where older people that people really get a sense of why fact, the President issued a day one Ex- who had served our country in the we are so concerned. ecutive order instructing the executive Armed Forces very often spent their Congressman PRICE said he wants to last days in what amounted to squalor voucherize Medicare within the first 6 branch to roll back the Affordable Care at these poor farms. Then Medicare to 8 months of the administration. So Act in any way possible. came along. For millions of older peo- what that would mean is that right out So I thought given these develop- ple, it was a godsend. of the chute, the Medicare promise, the ments, the fact that Congressman So I want to start my discussion with promise of guaranteed benefits—Con- PRICE is the architect of a repeal-and- respect to Medicare with a comment gressman PRICE wants to break the run bill; that the President imme- that Congressman PRICE made about promise. In his budget, the Congress- diately on day one tried to set in mo- Medicare in 2009. It is a quote that man called for privatizing Medicare tion a strategy to gut some of the key speaks volumes about the Price per- and cutting it by nearly $500 billion. protections in the Affordable Care Act, spective on the Medicare program that He also championed legislation to I thought I ought to follow this up with is so treasured by millions of older peo- allow a practice called balanced billing Congressman PRICE during his nomina- ple. in Medicare. That means seniors could tion hearing in the Finance Com- Congressman PRICE wrote in 2009: be forced to cover extra charges above mittee. So I asked Congressman PRICE ‘‘Nothing has had a greater negative ef- what the program pays for the services during his finance nomination hearing fect on the delivery of health care than they receive in the doctor’s office. whether the Congressman would state the federal government’s intrusion into Older Americans on fixed incomes that nobody would be worse off under medicine through Medicare.’’ would be forced to pay more for their the President’s Executive order—not I would just say to my friend, the care. real complicated. Presiding Officer of the Senate knows Colleagues, I believe the Congress has There had been all this talk through how seniors in Oregon see this. Seniors no greater duty than to uphold the the campaign about how now President in Oregon consider Medicare to be a promise of Medicare. In my view, there Trump could do a better job, less Godsend, not an intrusion into medi- is no need to mince words: Privatizing money. That was the constant refrain. cine, as you see from the Price perspec- Medicare as Congressman PRICE has I decided, given these ominous develop- tive. thought to do means an end—an end to ments that I just described since the Here is the bottom line, colleagues, the program-guaranteed health benefit. beginning of this year, I thought I as we begin here today: Medicare is a It would break the Medicare promise, would just ask Congressman PRICE promise. Medicare is built on a promise the promise of guaranteed benefits and whether anybody would be worse off of guaranteed benefits—guaranteed services, and end Medicare as our coun- under the Executive order. He ducked benefits that will be there for you. It is try knows it. the question. not a voucher. It is not a slip of paper. Now let me turn to the Affordable I remember asking him about wheth- It is guaranteed benefits that you can Care Act. When it comes to the Afford- er people would be worse off with re- count on, and it is a promise that Con- able Care Act, for years now, there has spect to coverage, and I remembered he gressman PRICE has indicated—and it been a steady drumbeat coming from said something about how people would is a matter of public record—it is a my colleagues on the other side: Repeal have access to health care. Well, I will promise that Congressman PRICE is and replace. Repeal and replace. I tell you, hearing the word ‘‘access’’ more than willing to break. think it has gotten to the point where rather than ‘‘coverage’’ means that

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.392 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S971 somebody is walking back a commit- Another issue in the Price plan that Now, that probably is a pretty good ment to people really getting care. Ev- ought to set off any alarm bells, in my sound bite. It is a good sound bite if erybody pretty much can have access. view, is what Congressman PRICE has you are trying to duck a question, but Sure, if I had the money, I could get it. proposed for those with preexisting it is not a real answer to what Con- It is about coverage. So we asked Con- health care conditions. This is espe- gressman PRICE was asked by Senator gressman PRICE whether people would cially important in my view. When I NELSON. And if you examine Congress- be worse off and he ducked the ques- proposed my own health plan, eight man PRICE’s own proposal, when it tion. Democrats, eight Republicans, I was comes to actually protecting people So then I asked if he would commit especially pleased that Senators on with a preexisting condition from dis- that no one would lose coverage, and both sides of the aisle understood that crimination, you can see why Congress- he ducked once more. making sure that insurance companies man PRICE isn’t very interested in giv- Then I asked if he would commit to could not knock the stuffing out of ing a straight answer. holding off on implementing the Exec- people with a preexisting condition any I am going to turn now to one of the utive order until a replacement plan longer was central to reform. Because Congressman’s bills. It is ironically was enacted. He ducked. when you allow discrimination against called ‘‘Empowering Patients First.’’ So the Congressman was given an op- those with a preexisting condition, Instead of a ban on discrimination portunity to, in effect, say that he what you are essentially saying is against those with preexisting condi- would honor what the American people health care in America is going to be tions, the Price bill opened up loop- were told by President Trump in the for the healthy and wealthy. If you are holes to benefit insurance companies. campaign; that the two would be hand healthy, no problem with a preexisting The Price plan hinged on something in hand, the replacement and repeal condition. If you are wealthy, again, no called continuous coverage, and Ameri- would go hand in hand, but he had the problem. cans are going to probably hear a fair chance to say that at the nomination So right at the heart of the Afford- amount about that in the months hearing and he ducked and ducked and able Care Act is a guarantee that in- ahead. he ducked some more. surance companies cannot discriminate The Price plan said that insurance Americans are still being told that against Americans with preexisting companies had the right to inspect the Affordable Care Act is the problem conditions. Frankly, I was very pleased your recent past when you applied for and it has to be repealed. It looks to to see that because as I indicated, 16 coverage to the private market. If they me that what Republicans have on Senators—8 Democrats and 8 Repub- found gaps when you went without in- offer now isn’t repeal and replace at licans—on our bill said that was right surance, they could deny coverage for all. It is what I have been calling it at the heart of what they wanted in your preexisting condition for up to a since last year, repeal and run, and the health care reform. So the ACA—the year and a half, or they could hike architect of repeal and run is Congress- Affordable Care Act—said, No denying your premiums by 50 percent. In short, man PRICE. In fact, he wrote the bill. coverage to pregnant women, no deny- under the Price plan, insurance compa- He wrote the bill that would have gut- ing coverage to cancer patients, no de- nies could take your money and skip ted the ACA the last time around. nying coverage to kids with autism. out on covering the health care that Under the Price plan, 18 million Under the Affordable Care Act, that is you actually need. Americans would lose their health in- the law of the land. It protects every Short summary of the Price health surance in less than 2 years. By 2026, it single American. No American under provision there: Worse health care, would be 32 million who would lose cov- the Affordable Care Act should have to higher costs. erage. Today 26 million Americans are feel, when they go to bed at night, that Now let’s think about what this uninsured. In a decade it would be 59 they are going to get hammered as in would mean for a cancer patient who million. Working Americans would the old days because they have a pre- suffers a job loss: Up to 18 months make up four out of every five people existing condition. without coverage for cancer treatment who lose their coverage. These are Now, Congressman PRICE, once again they need that could be the difference folks struggling to climb the economic turning to the public record—it is all between life and death. Congressman ladder. No-cost contraceptive coverage in the public record here. Congressman PRICE’s bill didn’t allow any special ex- for millions of women would be gone. PRICE doesn’t believe the American ceptions for certain gaps in coverage. We would have hundreds of thousands people should have the protection of No matter why you lost your insur- of women losing access to care almost that kind of real ban against discrimi- ance—maybe a layoff, maybe your immediately just by the defunding of nation for a preexisting condition. In spouse passed, quitting your job to Planned Parenthood. Hundreds of thou- fact, he was quoted in 2012 saying that start a business or go back to school— sands more would lose their choice to it was, in his words, ‘‘a terrible idea.’’ insurance companies with the Price see the doctors they trust. Just think So he, like the law, changed, and his plan again would be allowed to dis- about that. Legislation that is going to way to change a law that guarantees criminate. And Congressman PRICE’s take away from American women the universal protection is to get rid of the bill didn’t create any safeguards for chance to see the doctor of their choos- guarantee that you aren’t going to get particular patients with life-threat- ing, the doctor they trust. I don’t know discriminated against if you have a ening illnesses. No matter what kind of anybody in the last election who preexisting condition. preexisting condition you have, you thought they were voting to see women Our colleague, Senator NELSON of would be at risk of losing access to lose the choice of the doctor they Florida, asked Congressman PRICE care. And going by the practices those trust. about the issue of making sure those companies followed before the Afford- Under the Price plan, premiums with preexisting conditions don’t get able Care Act, more than 130 million jumped by hundreds of dollars a year as discriminated against when the Fi- Americans under age 65 may have a the individual market for health insur- nance Committee held their nomina- preexisting condition. ance collapses. Health care costs sky- tion hearing. Once again, Congressman Now, it is correct that Republicans rocket. It is a gut punt to all, even PRICE ducked, bobbed, and weaved. may not decide to go ahead with Con- those who get their health insurance at Senator NELSON asked if the Congress- gressman PRICE’s bill as the final meas- work because what it would do is, in ef- man thought that the proposal to con- ure on replacement. But make no mis- fect, it would shrink—it would shrink tinue the ban on discriminating take about it: If confirmed, Congress- the health care market in a way that against people with a preexisting con- man PRICE will be the captain of the there would be many more people who dition is a terrible idea. Here is what Trump administration’s health team. are seriously ill and had great ex- Congressman PRICE said: ‘‘What I have His proposals matter. And his approach penses, and when you try to pass those always said about preexisting condi- is one that is followed by just about on, that would mean people in the mar- tions is that nobody, in a system that every other Republican who has put ketplace and those who had health in- pays attention to patients, nobody forward a plan of their own. surance from their employer would see ought to be priced out of the market Colleagues, I think it would be an increases. for having a bad diagnosis. Nobody.’’ enormous mistake for this Senate—for

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It is going to end up telling Program brought an end to the years protection for our people against dis- those 700,000 Ohioans, along with mil- when they had to choose between vis- crimination for those with a pre- lions of people across the country in iting the doctor and putting food on existing condition. Oregon, and across the land—and that the table. Medicaid is their health care The Affordable Care Act locked it in is because he is pushing to take away safety net. Make no mistake about it; to black letter law. It set a new stand- their coverage and hasn’t offered any Congressman PRICE’s proposals leave ard: Nobody in America is going to be real alternative that would preserve that safety net in tatters. There isn’t denied insurance due to a preexisting their access to care. any other backstop for those vulner- condition. In my view, it would be un- So for all of those seniors—the ones able Americans. From small, tiny chil- conscionable to look to yesteryear, who worked hard and saved and did ev- dren to seniors who depend on it for turn back the clock, and undermine erything right—we all know them; per- nursing home care, there is no other those strong protections for the mil- haps they are the widower down at the backstop if their access to health care lions and millions of Americans who end of the block—there is not going to through Medicaid goes away. suffer from those preexisting health be a way to pay for their health care, One of the arguments made by advo- conditions. That, as a matter of public and they are not going to be able to cates of block grants and caps is that record, is what Congressman PRICE’s have a dignified retirement, in spite of States would have flexibility, and they proposal would do. the fact they did everything all their point to a section of the Affordable I want to turn now to his ideas with life to plan and save. Care Act I wrote to support their case. respect to Medicaid. This, in my view, Congressman PRICE’s second Med- I believe they are talking about what is is an especially important program, icaid cut turns the program into a called section 1332. There is a big dif- and a part of it that is usually missed block grant and introduces a cap ap- ference between what I wrote in the Af- is the nursing home benefit for seniors. proach. That slashes another 30 percent fordable Care Act and what block Back when I was the director of the Or- of its funding and sets it up to be grants would do. We had a number of egon Gray Panthers and I ran the legal squeezed even more down the road. Senators on both sides of the aisle who aid office for the elderly, I saw in par- Now, Medicaid goes a lot further in were interested in this issue. What I ticular what Medicaid meant for sen- terms of taking on some of the biggest wrote is this: With that flexibility, the iors who needed nursing home care. health care challenges in America. I Affordable Care Act lets States do bet- Medicaid now covers costs for two- cited the nursing home benefit because ter by their people. The Price plan to thirds of the seniors in nursing homes. that is one that I dealt with again and block grant and cap Medicaid costs lets And I think we ought to think about again when I was director of the Gray States do worse. who these people are because these are Panthers. But the fact is that the pro- Slashing Medicaid also hits State people in Colorado, in Oregon, and gram is helping communities across budgets extraordinarily hard. That is a across the country, who worked hard. the country take on a whole host of big reason why Governors across the They always played by the rules. They health care challenges. The opioid epi- country have been skeptical—even Re- put their kids through school. They demic is one example. publican Governors, like John Kasich were part of their communities. They Now, we know that opioid addiction and Rick Snyder of Michigan. Today, saved, they scrimped, they didn’t go on has hit American communities like a Medicaid comes with an open-ended an extra vacation; maybe they were wrecking ball. More than a million kind of feature. Federal funding for the thinking about buying a boat, but they people struggle with substance abuse, program doesn’t tick down to zero. No- didn’t do any of that. They didn’t do and they would lose access to care if body gets cut off. If you are working in any of that because they wanted to the Price plan to repeal Medicaid ex- America and are eligible for Medicaid, save and make sure their spouse could pansion goes through. And further cuts you don’t have to worry about being have a dignified retirement, that they to Medicaid would make the problem locked out of the doctor’s office if the could put their kids through school, even worse, and it wouldn’t just be for program goes into the red. Block and they did everything right. So they adults. granting and capping the program saved and they saved and they saved. Tens of thousands of babies are born changes that. States get a chunk of But the fact is, it costs a lot to be a with a dependency to drugs each year. money each year. There is a big risk senior in America today. So perhaps It is largely a product of the opioid cri- that money runs out, especially during they spent down all those savings, and sis. My view is that number can only times of economic downturn. That is their kids—the kids they love so rise under Congressman PRICE’s plan to when Medicaid is needed most, at much—aren’t doing that well economi- cut Medicaid, a key source of primary times when working Americans have cally, so it is hard for the kids to help care, prenatal care, and substance the most trouble walking the economic out with long-term care. abuse treatment for pregnant women. tightrope. Without Medicaid—and particularly Medicaid is also the biggest source of This is in addition to the undeniable, the nursing home benefit—seniors, 65 funding for community and home-based routine demands on the program: an percent of whom depend on the pro- care for those vulnerable Americans aging baby-boomer population that gram for nursing homes, wouldn’t be with serious disabilities. It is a huge will be in increasing need of nursing able to have a dignified retirement. source of AIDS treatment in America, home and home-based care, public So that nursing home benefit that is particularly with the Affordable Care health emergencies like the Zika virus paid for by Medicaid is also one that Act expansion. that can come without warning, nat- Congressman PRICE has proposed slash- All in all, 74 million Americans rely ural disasters like Hurricane Katrina ing. He does that by cutting $2 trillion on Medicaid, and they are certainly not or the Flint water crisis that devastate out of Medicaid over the course of two among the most fortunate. Half of communities, new high-priced drugs stages. First, Congressman PRICE re- them are kids, including millions with that can be cures but come with a peals the expansion of Medicaid cre- special needs. The program covers steep price. ated under the Affordable Care Act. nearly half of all births and millions of The reality is if a State’s block grant This means that more than 11 million Americans with disabilities. runs out, that raises questions that Americans lose their coverage. And it I want to come back again to the ought to be alarming to all who care is a plan that even Republican Gov- faces of these people because I am not about vulnerable Americans having ac- ernors are speaking out against. John sure, when people hear the word ‘‘Med- cess to the care they need. Kasich of Ohio—I think he would prob- icaid,’’ what they see. I mention that it What happens if seniors lose their ably tell you he is not anybody’s idea is so many seniors who, after planning, nursing home benefits in the middle of of a bleeding heart liberal—said re- saving, and scrimping, need the pro- the year? Where would they go? Would cently: ‘‘So if all of a sudden that goes gram for nursing home care. It covers patients in substance abuse treatment

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.395 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE February 8, 2017 CONGRESSIONAL RECORD — SENATE S973 lose access to care? If a State’s Med- may be able to manage just fine under pany’s drug trial, according to Mr. Collins. icaid funding dries up midway through the Price proposals and the costs they . . . Mr. Collins said he told Mr. Price of the the fiscal year, who would pay for a push onto patients, but I am absolutely additional private placement. He said Mr. birth? Would the parents of a newborn certain that millions of working Amer- Price asked if he could participate in it. ‘‘Could you have someone send me the docu- child have to bear the entire cost when icans won’t be able to do it. ments?’’ they are on a modest income, working I am going to wrap up talking about Mr. COLLINS recalled Mr. PRICE ask- hard, and a hospital bill could reach several glaring ethical issues with re- spect to Congressman PRICE. I will ing him. tens of thousands of dollars? It paints a pretty clear picture. Con- When it comes time to pitch this begin with the Congressman’s signifi- gressman PRICE got information from very extreme health care agenda to the cant investments in an Australian bio- his colleague, the company’s top share- American people, Congressman PRICE medical company. A lot of information holder, and he got an invitation to a is very articulate and sticks closely to about those investments has come into special deal. The claim that his con- well-rehearsed language. That is be- view over the course of months of in- versations with Congressman COLLINS cause the Price agenda would strip tens vestigation and reporting. What the had no effect on Congressman PRICE’s of millions of Americans of their insur- facts show is that in 2016, the Congress- decision to invest just does not pass ance coverage and force people to pay man was part of an exclusive deal to buy stock at a discounted price—a deal muster. much higher costs for much lesser care. So I will turn to the second point— It isn’t going to go over very well when called a ‘‘private placement.’’ On mul- tiple occasions he was given opportuni- whether or not the deal was available people really understand what is at to all company shareholders. Congress- stake. ties to come clean and explain his par- man PRICE insists it was. Here is the One of the priorities Congressman ticipation in the special stock sale. He exchange he and I had during his nomi- PRICE talks about most frequently is never has. Now, the majority on the Fi- nation hearing in the Finance Com- access—always saying that his vision is nance Committee has cut off the vet- mittee. Americans are going to have access to ting process before getting all the facts or having the Congressman correct the I said: ‘‘You purchased stock in an care. That is one very hollow theory. Australian company through private Access to health care doesn’t mean a record. So I am going to take a mo- ment tonight to lay out the facts. offerings at discounts not available to lot if you can’t afford the cost. So the public.’’ when Americans hear the Price plan It is well known that Congressman PRICE learned about the company from Congressman PRICE responded: ‘‘Well, that people will have access, rather if I may, those—they were available to than coverage, pay attention. Pay at- a House colleague, Congressman CHRIS COLLINS. But CHRIS COLLINS isn’t ex- every single individual that was an in- tention, because if you have coverage actly a casual observer of the Aus- vestor at the time.’’ today, and he is going to promise you tralian business pages. He is Innate’s— But that is not what Innate manage- access in the future, chances are you the company’s—largest shareholder ment—including the CEO—told the are going into the hole and you had and a member of its board. Many of the Wall Street Journal. According to the better figure out how you are going to company’s other major shareholders Wall Street Journal’s report, Congress- pay for it. man PRICE was one of six special Amer- The Congressman talks about flexi- are people in Congressman COLLINS’ orbit, family members and chief of ican investors in a category called bility for patients. But under Congress- staff and others that he is close to. ‘‘friends and family.’’ I will read a pas- man PRICE’s plans that wipe out con- After learning about the company from sage from the story. sumer protections and minimum stand- his colleague, Congressman PRICE The cabinet nominee [Mr. Price] was one of ards for coverage, it is insurance com- made his first purchase of the com- fewer than 20 U.S. investors who were in- panies that get the most flexibility. pany’s stock in 2015. He bought 61,000 vited last year to buy discounted shares of The Congressman likes to talk about the company—an opportunity that, for Mr. using metrics to measure health care. shares. Now let’s fast forward to August 2016. Price, arose from an invitation from a com- It is very hard to follow what this pany director and a fellow congressman. The Congressman bought another metrics approach is all about. When his At Mr. Collins’s invitation, Mr. Price in 400,000 shares of Innate as part of a pri- June ordered shares discounted in the pri- proposals are challenged using facts vate stock sale for U.S. investors. and figures, including those that come vate placement at 18 cents apiece, and then When the private sale took place, more in July at 26 cents a share, Mr. Collins from our nonpartisan scorekeepers at Innate’s shares were trading on the said in an interview. Those orders went the Congressional Budget Office, he Australian stock exchange for the through in August, after board approval. Mr. disagrees or he dodges. During his equivalent of 31 American cents, but Price invested between $50,000 and $100,000, hearing, he just disagreed with the participants in this private sale got the according to his disclosure form . . . Congressional Budget Office when I Mr. Wilkinson [the company’s CEO] said shares at a steep discount. That dis- investors who had bought in a previous pri- asked him about some of his funding count meant that Congressman PRICE cuts that would deprive women of ac- vate placement were called to make friends paid tens of thousands of dollars less and family aware of the opportunity. . . . We cess to preventive care. He objects to than a typical investor would have paid are always looking to increase our share- even the simplest of measures—how on the open market. holder base. But those new parties have to much funding his proposals cut from With respect to that purchase, the meet the definition of sophisticated financial our health care programs—as cal- record remains unclear. It does come investor. culated by the nonpartisan experts. In down to two issues: how he came to Only six U.S. investors, including Mr. my view, you can’t run from the participate in the private placement, Price, fell into the friends-and-family cat- metrics when they don’t tell you what egory, Mr. Collins [his friend in Congress] and whether he got special access that said. About 10 more U.S. investors were of- you want to hear. other investors didn’t have. On those fered discounted shares by the company be- Finally, the Congressman and many issues, Congressman PRICE tells one cause they had previously been invited to others say patients should be at the story; company officials, Congressman partake in private placement offerings. center of care. Now, I want it under- COLLINS, and public documents tell an- Furthermore, Congressman COLLINS stood, I don’t see how anybody could other. and Mr. Wilkinson added more detail. dispute that idea. Of course patients First I am going to examine how The discounted stock offer in Innate should be at the center of care. But Congressman PRICE came to partici- Immuno, as the company is known, was when I look at the Price proposals, I pate in this private deal. As he tells it, made to all shareholders in Australia and don’t see the patient at the center of he decided to make that purchase New Zealand—but not in the U.S., according health care. I see money and I see spe- based on his own research into the to Mr. Collins and confirmed in a separate cial interests at the center of health company. But the Wall Street Journal interview with Innate Immuno CEO Simon care. and a little common sense say other- Wilkinson. The Price plan tells vulnerable wise. I will read from a January 30 re- Bottom line, Congressman PRICE got Americans that their health care will port. in as a special guest, a friends and fam- only go as far as their bank accounts Mr. Price got in on the discounted sale ily guest of Congressman COLLINS. are going to take them. The well-to-do after Mr. Collins filled him in on the com- What he told the committee—that the

VerDate Sep 11 2014 04:33 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\CR\FM\G06FE6.396 S06FEPT3 SSpencer on DSK4SPTVN1PROD with SENATE S974 CONGRESSIONAL RECORD — SENATE February 8, 2017 deal was open to shareholders—was plementation of CMS regulations for erage. His proposals would put Ameri- dead wrong. I am going to repeat this Medicare coverage of joint replace- cans with preexisting conditions in quote from the Wall Street Journal. ments. He was the lead Republican danger of losing coverage through the This was part of a report that was au- sponsor of the bill. care they need. It would unravel the thored by a Pulitzer Prize-winning Bottom line, Congressman PRICE in- Medicare promise, the guarantee of se- journalist. This is what he wrote in the troduced legislation that certainly had cured benefits of vital importance to Wall Street Journal: ‘‘Rep. Tom Price the potential to add to his personal for- millions of American seniors. got a privileged offer to buy a bio- tune. Congressman PRICE has argued When it comes to ethics, as I have de- medical stock at a discount, the com- that he didn’t purchase this stock and scribed, Congressman PRICE falls well pany’s officials said, contrary to his others; his broker was making the deal. short of the standard the American congressional testimony this month.’’ But at the very least, he would have people expect nominees to meet. I will The stock deals I outlined are of very known about the deals within days not support his nomination. I urge my great significance. They aren’t the when he filed his periodic transaction colleagues to join me in opposition. only ethical issue at hand. Congress- reports with the House. I yield the floor. man PRICE introduced legislation that On August 15, 2016, not only did Con- would lower the tax bills of three gressman PRICE file a report that he f major pharmaceutical companies in had purchased Zimmer Biomet along which he owns significant amounts of with dozens of other stocks, he ini- ADJOURNMENT UNTIL 10 A.M. stock. He invested $15,000 in a medical tialed the entry for Zimmer Biomet in TOMORROW equipment company and then intro- order to correct a mistake on the docu- The PRESIDING OFFICER (Mr. duced legislation to increase the ment. SCOTT). Under the previous order, the Wrapping up, I want to go back to amount Medicare pays for that type of Senate stands adjourned until 10 a.m. the fact that when Congressman PRICE equipment. Parts of his bill went on to tomorrow. came before the Finance Committee, become law. Thereupon, the Senate, at 9:05 p.m., Then there is his investment in a he didn’t give us the whole story. In ef- adjourned until Thursday, February 9, company called Zimmer Biomet. In fect, I think the Finance Committee 2017, at 10 a.m. 2015, Medicare was preparing a new regrettably has an ethical double pricing model that would change the standard now. Look at the nominations f way the program paid for hip and knee of Tom Daschle, Tim Geithner, and replacements. Instead of paying for Ron Kirk at the outset of the Obama NOMINATIONS each individual service, Medicare said administration. That vetting was vig- Executive nomination received by it would try to make its payments orous. It was bipartisan. We looked the Senate: more efficient by bundling the costs to- over every stone and peered around gether in one lump sum. The new sys- every corner. Now, when a glaring DEPARTMENT OF HOMELAND SECURITY tem, however, had the potential to af- issue comes up that undeniably de- ELAINE C. DUKE, OF VIRGINIA, TO BE DEPUTY SEC- RETARY OF HOMELAND SECURITY, VICE ALEJANDRO fect the revenues of Zimmer Biomet. serves investigation, the party in NICHOLAS MAYORKAS. On March 17, 2016, a few weeks before power is shutting down the vetting the government’s model—that is, the process and moving toward confirma- f CMS model was set to go into effect— tion. I think this is sending a dan- Congressman PRICE bought thousands gerous message to nominees in the fu- CONFIRMATION of dollars’ worth of Zimmer Biomet ture. Executive nomination confirmed by stock through his brokerage account. I will close by way of saying this is a the Senate February 8, 2017: On March 23, 2016, less than a week nominee with an extreme agenda. His DEPARTMENT OF JUSTICE later, he introduced H.R. 4848, the HIP proposals strip tens of millions of JEFF SESSIONS, OF ALABAMA, TO BE ATTORNEY GEN- Act, which would have delayed the im- Americans of their health care cov- ERAL.

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SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED Committee on Foreign Relations FEBRUARY 14 To hold hearings to examine ending mod- Title IV of Senate Resolution 4, ern slavery, focusing on building on agreed to by the Senate of February 4, 9:30 a.m. success. Committee on Armed Services 1977, calls for establishment of a sys- SD–419 To receive a closed briefing on long-term 10:30 a.m. tem for a computerized schedule of all defense challenges and strategies. Committee on Appropriations meetings and hearings of Senate com- SVC–217 Subcommittee on Departments of Labor, mittees, subcommittees, joint commit- 10 a.m. Health and Human Services, and Edu- tees, and committees of conference. Committee on Banking, Housing, and cation, and Related Agencies To hold hearings to examine mental This title requires all such committees Urban Affairs To hold hearings to examine the Semi- health care, focusing on examining to notify the Office of the Senate Daily annual Monetary Policy Report to the treatments and services. Digest—designated by the Rules Com- Congress. SD–138 mittee—of the time, place and purpose SD–106 2:30 p.m. of the meetings, when scheduled and 2:30 p.m. Committee on Commerce, Science, and Transportation any cancellations or changes in the Committee on Armed Services Subcommittee on Personnel Subcommittee on Surface Transportation meetings as they occur. and Merchant Marine Infrastructure, To hold hearings to examine Department Safety and Security As an additional procedure along of Defense single servicemember and To hold hearings to examine stakeholder military family readiness programs. with the computerization of this infor- perspectives on our multimodal trans- mation, the Office of the Senate Daily SR–222 portation system. Digest will prepare this information for SR–253 FEBRUARY 15 printing in the Extensions of Remarks Committee on Homeland Security and 10 a.m. Governmental Affairs section of the CONGRESSIONAL RECORD Committee on Environment and Public To hold hearings to examine government on Monday and Wednesday of each Works operations susceptible to waste, fraud, week. To hold an oversight hearing to examine and mismanagement. SD–342 Meetings scheduled for Thursday, modernization of the Endangered Spe- cies Act. Special Committee on Aging February 9, 2017 may be found in the SD–406 To hold hearings to examine stopping Daily Digest of today’s RECORD. senior scams, focusing on developments in financial fraud affecting seniors. SD–562

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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HIGHLIGHTS Senate confirmed the nomination of Elisabeth Prince DeVos, of Michi- gan, to be Secretary of Education. Senate confirmed the nomination of Jeff Sessions, of Alabama, to be At- torney General. Senate Library of Congress Trust Fund Board: The Chamber Action Chair announced, on behalf of the Majority Leader, Routine Proceedings, pages S685–S974 pursuant to the provisions of Public Law 68–541, as Measures Introduced: Forty-one bills and nine res- amended by the appropriate provisions of Public Law olutions were introduced, as follows: S. 306–346, 102–246, and in consultation with the Democratic and S. Res. 48–56. Pages S745–46, S867–68, S967 Leader, the re-appointment of the following individ- uals to serve as members of the Library of Congress Measures Reported: Trust Fund Board for a five year term: Chris Long, S. Res. 48, authorizing expenditures by the Select of New York, and Kathleen Casey, of Virginia. Committee on Intelligence. Page S885 S. Res. 52, authorizing expenditures by the Com- mittee on Finance. United States Semiquincentennial Commission: S. Res. 53, authorizing expenditures by the Com- The Chair announced, on behalf of the Majority Leader, pursuant to the provisions of Public Law mittee on Armed Services. Pages S745, S869 114–196, the appointment of the following individ- Appointments: uals to serve as members of the United States Commission on Security and Cooperation in Eu- Semiquincentennial Commission: Members of the rope (Helsinki): The Chair, on behalf of the Vice Senate: Senators Cotton and Toomey. Private Citi- President, pursuant to Public Law 94–304, as zens: Cathy Gillespie of Virginia, Daniel DiLella of amended by Public Law 99–7, appointed the fol- Pennsylvania, Lucas Morel of Virginia, and Tom lowing Senator as the Chairman of the Commission Walker of Alabama. Page S943 on Security and Cooperation in Europe (Helsinki) Members of the Finance Committee As Congres- during the 115th Congress: Senator Wicker. sional Advisers on Trade Policy and Negotiations: Page S716 The Chair, in accordance with Public Law 93–618, Congressional-Executive Commission on the Peo- as amended by Public Law 100–418, on behalf of ple’s Republic of China: The Chair, on behalf of the the President pro tempore and upon the rec- President of the Senate, pursuant to Public Law ommendation of the Chairman of the Committee on 106–286, appointed the following Members to serve Finance, appointed the following Members of the Fi- on the Congressional-Executive Commission on the nance Committee as congressional advisers on trade People’s Republic of China: Senators Rubio (Chair- policy and negotiations to international conferences, man), Lankford, Cotton, Daines, and Young. meetings and negotiation sessions relating to trade Page S716 agreements: Senators Hatch, Grassley, Crapo, John F. Kennedy Center for the Performing Wyden, and Stabenow. Page S943 Arts: The Chair, on behalf of the President of the Resignation of Senator Jeff Sessions: Senator Jeff Senate, pursuant to Public Law 85–874, as amended, Sessions, of Alabama, submitted a letter of resigna- re-appointed the following individual to the Board tion from the United States Senate, effective 11:55 of Trustees of the John F. Kennedy Center for the p.m., Eastern Standard Time, on February 8, 2017. Performing Arts: Senator Blunt. Page S716 Page S964 D132

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Certificate of Appointment—Agreement: A unan- Executive Communications: Pages S866–67 imous-consent agreement was reached providing that Executive Reports of Committees: Page S867 at 2 p.m., on Thursday, February 9, 2017, the Chair lay before the Senate a certificate of appointment Additional Cosponsors: Pages S868, S967–68 from the State of Alabama. Page S969 Statements on Introduced Bills/Resolutions: Price Nomination—Agreement: Senate resumed Pages S868–69, S968–69 consideration of the nomination of Thomas Price, of Additional Statements: Pages S744–45 Georgia, to be Secretary of Health and Human Serv- Authorities for Committees to Meet: ices. Page S964 Pages S751, S872, S969 During consideration of this nomination today, Senate also took the following action: Privileges of the Floor: Pages S751, S872 By 51 yeas to 48 nays (Vote No. 60), Senate Quorum Calls: agreed to the motion to close further debate on the Two quorum calls were taken today. (Total—3) nomination. Page S963 Pages S716, S854 A unanimous-consent agreement was reached pro- Record Votes: Eight record votes were taken today. viding for further consideration of the nomination at (Total—60) Pages S716, S824, S855, S963 approximately 10 a.m., on Thursday, February 9, 2017, post-cloture; and that all time during Morn- Adjournment: Senate convened at 12 noon, on ing Business, recess, or adjournment of the Senate, Monday, February 6, 2017, and adjourned at 9:05 count post-cloture on the nomination. Page S969 p.m., on Wednesday, February 8, 2017, until 10 a.m. on Thursday, February 9, 2017. (For Senate’s Nominations Confirmed: Senate confirmed the fol- program, see the remarks of the Acting Majority lowing nominations: Leader in today’s Record on page S969.) By 51 yeas to 50 nays, Vice President voting yea (Vote No. EX. 54), Elisabeth Prince DeVos, of Michigan, to be Secretary of Education. Page S824 Committee Meetings During consideration of this nomination today, (Committees not listed did not meet) Senate also took the following action: By 91 yeas to 4 nays (Vote No. 53), Senate agreed BUSINESS MEETING to the motion to instruct the Sergeant at Arms to Committee on Finance: Committee ordered favorably request the attendance of absent Senators. Page S716 reported the following business items: By 52 yeas to 47 nays, 1 responding present (Vote An original resolution (S. Res. 52) authorizing ex- No. EX. 59), Jeff Sessions, of Alabama, to be Attor- penditures by the Committee; and adopted its rules ney General. Pages S824–S963, S974 of procedure for the 115th Congress. During consideration of this nomination today, Also, Committee announced the following sub- Senate also took the following action: committee assignments: By 52 yeas to 47 nays, 1 responding present (Vote Subcommittee on International Trade, Customs, and No. EX. 55), Senate agreed to the motion to close Global Competitiveness: Senators Cornyn (Chair), Grass- further debate on the nomination. Page S824 ley, Roberts, Isakson, Thune, Heller, Casey, Stabe- By 88 yeas to 3 nays (Vote No. 56), Senate agreed now, Nelson, and McCaskill. to the motion to instruct the Sergeant at Arms to Subcommittee on Taxation and IRS Oversight: Senators request the attendance of absent Senators. Page S855 Portman (Chair), Crapo, Roberts, Enzi, Cornyn, By 49 yeas to 43 nays (Vote No. 57), agreed to Thune, Burr, Isakson, Toomey, Scott, Warner, Car- the ruling of the chair that the words spoken by per, Cardin, McCaskill, Menendez, Bennet, Casey, Senator Warren violate Rule XIX shall stand as the and Cantwell. judgment of the Senate. Page S855 Subcommittee on Health Care: Senators Toomey By 43 yeas to 50 nays (Vote No. 58), Senate re- (Chair), Grassley, Roberts, Enzi, Thune, Burr, Isak- jected the motion that Senator Warren be permitted son, Portman, Heller, Cassidy, Stabenow, Menendez, to proceed in order. Page S855 Cantwell, Carper, Cardin, Brown, Warner, and Nomination Received: Senate received the fol- Wyden. lowing nomination: Subcommittee on Energy, Natural Resources, and Infra- Elaine C. Duke, of Virginia, to be Deputy Sec- structure: Senators Heller (Chair), Grassley, Crapo, retary of Homeland Security. Page S974 Enzi, Cornyn, Burr, Scott, Cassidy, Bennet, Cant- well, Nelson, Menendez, Carper, and Warner. Messages from the House: Pages S866, S967 Subcommittee on Fiscal Responsibility and Economic Measures Referred: Page S866 Growth: Senators Scott (Chair), Hatch, and Wyden.

VerDate Sep 11 2014 09:01 Feb 09, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\TE\D06FEPT3.REC D06FEPT3 emcdonald on DSK9F6TC42PROD with DIGEST D134 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2017 Subcommittee on Social Security, Pensions, and Family miral William F. Moran, USN, Vice Chief of Naval Policy: Senators Cassidy (Chair), Portman, Crapo, Operations, General Glenn M. Walters, USMC, As- Toomey, Brown, and Casey. sistant Commandant of the Marine Corps, and Gen- Senators Hatch and Wyden are ex officio members of eral Stephen W. Wilson, USAF, Vice Chief of Staff each subcommittee. of the Air Force, all of the Department of Defense. INSPECTOR GENERAL RECOMMENDATIONS (Committees not listed did not meet) (Calendar Day Tuesday, February 7, 2017) Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine Inspector RECENT YEMEN OPERATION General recommendations for improving Federal Committee on Armed Services: Committee received a agencies, after receiving testimony from Peggy E. closed briefing on the recent Yemen operation from Gustafson, Inspector General, Department of Com- Theresa Whelan, performing the duties of Under merce; John Roth, Inspector General, Department of Secretary of Defense for Policy, and J–3 Lieutenant Homeland Security; Calvin L. Scovel III, Inspector General John L. Dolan, USAF, Joint Staff Director General, Department of Transportation; and Allison for Operations, both of the Department of Defense. C. Lerner, Inspector General, National Science Foun- CYBER THREATS dation. Committee on Armed Services: Committee received a MODERNIZING INFRASTRUCTURE closed briefing on cyber threats from Admiral Mi- OVERSIGHT chael S. Rogers, USN, Commander, Cyber Com- Committee on Environment and Public Works: Com- mand, Director, National Security Agency, Chief, mittee concluded an oversight hearing to examine Central Security Services, Department of Defense. modernizing our nation’s infrastructure, after receiv- BUSINESS MEETING ing testimony from William T. Panos, Wyoming Department of Transportation, Cheyenne; Anthony Committee on Armed Services: Committee ordered favor- Pratt, Delaware Department of Natural Resources ably reported an original resolution (S. Res. 53) au- and Environmental Control, Dover, on behalf of the thorizing expenditures by the Committee for the American Shore and Beach Preservation Association; 115th Congress. Shailen Bhatt, Colorado Department of Transpor- THE PLAN TO DEFEAT ISIS tation, Denver; Michael W. McNulty, Putnam Pub- Committee on Foreign Relations: Committee concluded lic Service District, Scott Depot, West Virginia, on a hearing to examine the plan to defeat ISIS, focus- behalf of the West Virginia and National Rural ing on key decisions and considerations, after receiv- Water Associations; and Cindy Bobbitt, Grant ing testimony from James F. Jeffrey, Washington In- County Commissioner, Medford, Oklahoma, on be- stitute for Near East Policy, and Jeremy Bash, Bea- half of the National Association of Counties. con Global Strategies, both of Washington, D.C. BUSINESS MEETING BUSINESS MEETING Committee on Indian Affairs: Committee ordered favor- ably reported the following business items: Committee on Veterans’ Affairs: Committee ordered fa- S. 39, to extend the Federal recognition to the vorably reported the nomination of David J. Shulkin, Little Shell Tribe of Chippewa Indians of Montana; of Pennsylvania, to be Secretary of Veterans Affairs. S. 63, to clarify the rights of Indians and Indian INTELLIGENCE tribes on Indian lands under the National Labor Re- Select Committee on Intelligence: Committee held closed lations Act; hearings on intelligence matters, receiving testimony S. 91, to amend the Indian Employment, Training from officials of the intelligence community. and Related Services Demonstration Act of 1992 to Committee recessed subject to the call. facilitate the ability of Indian tribes to integrate the employment, training, and related services from di- (Committees not listed did not meet) verse Federal sources; (Calendar Day Wednesday, February 8, 2017) S. 140, to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to CURRENT READINESS OF U.S. FORCES clarify the use of amounts in the WMAT Settlement Committee on Armed Services: Subcommittee on Readi- Fund; ness and Management Support concluded a hearing S. 245, to amend the Indian Tribal Energy Devel- to examine the current readiness of United States opment and Self Determination Act of 2005; forces, after receiving testimony from General Daniel S. 249, to provide that the pueblo of Santa Clara B. Allyn, USA, Vice Chief of Staff of the Army, Ad- may lease for 99 years certain restricted land;

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 9 2:30 p.m., Thursday, February 9

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: House will meet in a Pro Form ation of the nomination of Thomas Price, of Georgia, to session at 2:30 p.m. be Secretary of Health and Human Services, post-cloture. At 2 p.m., the Chair will lay before the Senate a Cer- tificate of Appointment for the State of Alabama.

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