February 2, 2021 CONGRESSIONAL RECORD — SENATE S217 I will close with one observation. democratic country connected to the was early in the morning on that day Last week, I heard the Democratic global economy or remain a corrupt, that we were told to evacuate the Cap- leader compare the confirmation impoverished authoritarian backwater itol Building, the first time I had ever timelines for Mr. Mayorkas versus Gen. in the shadow of the People’s Republic faced that as a Member of Congress. John Kelly—an ethically compromised of China. We quickly ran out the doors and partisan lawyer versus a retired four- The people of Burma have said which down the stairs and stood on the lawn star general whom the Senate con- they prefer. They have spoken at the outside of the Capitol, wondering what firmed 88 to 11. The contrast could not ballot box. The threat of force must was next, for fear that this building— be sharper. For one thing, I would say not be allowed to silence their choice. this symbol of America and its great- Secretary Kelly understood that our f ness—was the next target of an attack. customers, first and foremost, are al- It could have been. ways the American people. It is, frank- RESERVATION OF LEADER TIME We are not sure. We never will be. ly, remarkable that someone with his The PRESIDING OFFICER (Mr. But thanks to the heroic efforts of pas- record is even up for a Cabinet appoint- PADILLA). Under the previous order, the sengers on an airplane—they attacked ment. leadership time is reserved. the attackers, went after the terror- I will be voting against this con- f ists, personally, and brought that plane firmation and urge our colleagues to do down in Pennsylvania at the cost of the same. CONCLUSION OF MORNING their own lives—in a way, many of us f BUSINESS were spared of being targets of ter- BURMA The PRESIDING OFFICER. Morning rorism that day. business is closed. When we reflect on those 3,000 inno- Mr. MCCONNELL. Now, on another f cent Americans who lost their lives in matter, the United States and demo- New York, Pennsylvania, and at the cratic countries around the world are EXECUTIVE SESSION Pentagon, I will never forget the feel- anxiously watching events in Burma. I ing that I was spared that act of ter- have had an interest in Burma for rorism and the hope that no one in many years, since I chaired the Appro- EXECUTIVE CALENDAR America would ever have that fear priations Subcommittee for State and The PRESIDING OFFICER. Under again. Foreign Operations. the previous order, the Senate will pro- Fast forward to January 6, 2021, fewer Just last November, here on the ceed to executive session to consider than 4 weeks ago, here in the U.S. Cap- floor, I cautiously celebrated Burma’s the following nomination, which the itol. Again, I felt I was the target of recent elections. I warned that its mili- clerk will report. terrorists. That was the day when an tary remained a toxic influence and an The legislative clerk read the nomi- insurrectionist mob stormed the Cap- obstacle to democratic progress. nation of Peter Paul Montgomery itol, broke through the doors, beat Sure enough, the world was horrified Buttigieg, of Indiana, to be Secretary down the windows, and came marching over the weekend when Burma’s mili- of Transportation. toward the Senate Chamber. I will tary rounded up the country’s civilian ORDER OF BUSINESS never forget that moment, and I don’t political leadership, including Aung think anyone who was here at the time San Suu Kyi and civil society leaders. The PRESIDING OFFICER. Under could possibly forget it. The military was afraid the popular the previous order, the time until 12 It was 2:15 in the afternoon when the support of the new government would noon will be equally divided between Vice President of the United States yield the constitutional economic re- the two leaders or their designees. was removed from the chair that you forms they long opposed. So they tried The Democratic whip. are sitting in, Mr. President. He was to simply claim control for themselves. NOMINATIONS I spoke with President Biden and Mr. DURBIN. Mr. President, I rise whisked off the platform to a safe room Secretary Blinken yesterday about the this morning, of course, to support the so he could be spared from anything situation in Burma. The new adminis- nominations of to be that might come from this mob. tration deserves credit for approaching Secretary of Transportation and The rest of us were told to sit at our the situation in a way that is bipar- to head the De- desk. We would make a safe Chamber— tisan and coordinated with Congress. partment of Homeland Security. They one safe room in the Capitol. We lined The world is watching. I hope and ex- are both exceptional choices by the ad- the walls with staffers to protect them pect the United States will quickly ministration to fill critical positions. against this insurrectionist mob, and make the obvious legal determination This afternoon when we vote on Mr. we waited, but only for a few minutes. that this is a military coup and impose Mayorkas, it will be the completion of The order was reversed quickly: significant costs on the military for its three of the four national security ele- Leave the Chamber. What had hap- attack on democracy. We already have ments of the Cabinet for President pened, we came to learn, was that the sanctions in place against key military Biden, having previously voted for the same mob of terrorists continued to ad- officials in that country, and Congress Secretary of State and Secretary of De- vance through the Capitol, despite the has already given the executive branch fense. valiant efforts of the Capitol Police the authorities it actually needs to The post remaining, of course, after and other law enforcement. swiftly apply even more sanctions to today’s actions—if they are favorable, It was during that period of time the military and its infiltration into and I believe they will be—is the office when this mob of terrorists was attack- Burma’s economy. of , and I would like ing this building, the United States But we will also need the help of our to address that directly. Capitol, when Officer Brian Sicknick of friends and allies to effectively pres- First, let me say this. When you feel the Capitol Police lost his life. sure the junta. It is time for freedom- that you are the target of terrorists—a We honor him tomorrow by bringing loving nations to stand up for democ- personal target of terrorists—you will his remains to the Capitol for him to racy and impose their own meaningful never forget the moment. It has only lie in repose, a place of honor, for all of costs on the military junta. happened twice in my life. On 9/11/2001, us to thank him and his family and to The Chinese Communist Party’s as a U.S. Senator, I was in a meeting in thank all of the men and women who state news organ dismissively called a room just several feet away from the risk their lives—and, certainly, one the events in Burma a ‘‘major cabinet Senate Chamber when the attack on who gave his life—in the service of our reshuffle.’’ A ‘‘cabinet reshuffle’’? That the World Trade Center took place and Nation. is a joke and the free world knows it. the attack on the Pentagon. Those These men and women who stand in This is a military coup and an attack were terrorists at work, killing inno- silent service every single day are on democracy—plain and simple. cent people. often overlooked by visitors, but they There are two paths before Burma. It There was one more plane in the air. are literally risking their lives. In the can continue to grow into a modern, We didn’t know where it was headed. It time I have served in the House and the

VerDate Sep 11 2014 03:54 Feb 03, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.004 S02FEPT1 ctelli on DSK11ZRN23PROD with SENATE S218 CONGRESSIONAL RECORD — SENATE February 2, 2021 Senate, this is at least the third occa- tory—the . His Attorney General. Yet, if the goal is to sion when members of the Capitol Po- qualifications and experience are well ensure there is sufficient time to ques- lice have given their lives to protect suited for the moment we face. tion the nominee and to hear from out- me, and Brian Sicknick will not be for- As our Nation’s top law enforcement side witnesses, I am willing to do just gotten. officer, the Attorney General is a key that—allow for two rounds of questions For those who want to take this in- part of the President’s national secu- of the nominee and an outside witness surrectionist mob and the incitement rity team. The Attorney General over- panel. of this mob as just another political sees our Nation’s law enforcement re- I also find it surprising that Senator protest, I ask them to reflect for a mo- sponse to threats both foreign and do- GRAHAM objects to committee business ment, please, on the graphic video evi- mestic. on the eve of an impeachment trial. dence of what happened on that day, as My Republican colleagues frequently Just remember the history. On Janu- people who were part of this mob took talked about letting the new President ary 16, 2020—the same day that the pre- baseball bats, sticks, everything they get his national security team in place vious impeachment trial of this Presi- could get their hands on, and beat up at the start of his administration. De- dent started—Senator GRAHAM held a against those law enforcement agents. spite the unresolved nature of the Sen- committee markup during which the It was a sad moment. ate’s organizing resolution, other sub- committee considered 11 judicial nomi- Yesterday’s New York Times spelled committees have come together on a nees. There was nothing sacred about out what led up to it: a big lie that the bipartisan basis to schedule prompt the day before or day of an impeach- former President of the United States hearings and votes for nominees, in- ment trial then, when Senator GRAHAM actually won the November 3 election. cluding the Secretary of Defense, Di- was chairman. He did not. The votes were counted rector of National Intelligence, Sec- Judge Garland is a consensus pick. and he lost, but he has never been able retary of Homeland Security, and Sec- As even Senator GRAHAM has acknowl- to accept that reality, and what he has retary of State. We need to do the same edged, the Senate should generally be done in the meantime is to foment a when it comes to the nomination of deferential to a President’s Cabinet revolt against our government at the Merrick Garland to serve as Attorney nominees, and that is particularly true grassroots level across America. General. for national security positions. There That is the reason why a new Attor- Why would we allow partisanship to is an even greater urgency to move ney General brought to the position of get in the way of national security? swiftly to confirm Judge Garland, leadership as quickly as possible is so I have urged my Republican col- given the events of January 6 and the important. I regret that, once again, I leagues on the Judiciary Committee— Justice Department’s role in inves- need to come to the floor to call on the current Chairman GRAHAM and incom- tigating and responding to those events Senate Republicans to stop blocking ing Ranking Member GRASSLEY—to and other national security threats. Merrick Garland from receiving a hear- consent to start the hearing for I hope Republicans will consent now ing before the Senate Judiciary Com- Merrick Garland as soon as possible. to notice a hearing for February 8. It mittee. I proposed February 8, next Monday, would show real bipartisanship and We all remember the way Merrick as a hearing date, in part to accommo- fairness. Under our committee rules, Garland, a judge in the Circuit Court of date Senator GRAHAM’s request to we can still notice the hearing with the DC Circuit, was treated by Senate avoid holding a hearing during the im- less than 7 days if my Republican col- Republicans in 2016 when he was nomi- peachment trial. A February 8 hearing leagues on the Senate Judiciary Com- nated by President Obama to the Su- date gives the committee sufficient mittee agree to do so. We need to get preme Court. I am not going to recount time to review Judge Garland’s record. the Attorney General confirmed, and the entire history today, but I will tell It would follow the same timeline—the there is no justification for any further you, it was not a proud moment for the very same timeline—that Senator GRA- delay. U.S. Senate when Senate leaders on the HAM used for Judge Amy Coney NOMINATION OF ALEJANDRO NICHOLAS other side of the aisle announced they Barrett’s nomination to the Supreme MAYORKAS would not give him a hearing. They lit- Court last year. Mr. President, while on the subject of erally would not even meet with him to Remember, the committee has al- confirmation, the Senate has con- give him the dignity of such an oppor- ready received the vast majority of firmed Mr. Alejandro Mayorkas three tunity to discuss his nomination for Judge Garland’s record, including his different times. When you listen to the the Supreme Court. speeches, interviews, and publications, Republican Senate leader this morning, But I do want to talk about the ur- that less than 5 years ago was pre- you may not catch that fact. He was gency of putting President Biden’s na- sented when he was nominated to the second in command of the Agency he is tional security team in place, includ- Supreme Court. We have had this ma- nominated by President Biden to lead. ing Merrick Garland, the President’s terial in the committee for years. Sen- Most recently, he served as the DHS nominee for Attorney General. Our ator GRAHAM claims that important pa- Deputy Secretary, the Agency’s second country faces, as we learned on Janu- perwork for Judge Garland is still in command, and the Chief Operating ary 6, challenges of great importance missing. The only thing that has not Officer, handling counterterrorism, cy- at this moment in our history. been filed is Judge Garland’s FBI back- bersecurity, border security, emer- As we faced that mob assault on the ground investigation. As important as gency management, and other critical Capitol Building for the first time it is, the Judiciary Committee has matters. We need Mr. Mayorkas’s deep since the War of 1812, our Capitol was scheduled hearings for previous Attor- expertise and experience in place at the breached by attackers, domestic ter- ney General nominees before the FBI DHS starting as quickly as possible, rorists. Domestic terrorists were part background investigations had been maybe even today. of a coordinated, comprehensive effort submitted. For example, the com- Perhaps Republicans have forgotten to stop the Government of the United mittee received then-Senator Jeff Ses- about the last 4 years of chaos at the States. That situation needs to be care- sions’ FBI background investigation Department of Homeland Security. fully reviewed and examined by the De- just 5 days before his hearing, and we Here is a reminder: Under President partment of Justice and the Attorney are still 6 days away from a proposed Trump’s administration, the DHS expe- General as quickly as possible. hearing date. So what we are asking is rienced an unprecedented leadership There is no person better qualified to not unprecedented or unrealistic. vacuum. The DHS lurched from one lead this investigation, to bring these Senator GRAHAM points out that At- Secretary or Acting Secretary to the perpetrators to justice, and to prevent torney General nominees typically next—six in total—only two of whom future domestic terror attacks than have 2-day hearings—1 day to question were actually confirmed by the Senate. Merrick Garland. When he previously the nominee and the other day to ques- Those are more Agency heads in the served at the Justice Department, tion outside witnesses. This isn’t al- last 4 years than in the 13-year history Judge Garland oversaw the investiga- ways the case. For example, the Repub- of the Department of Homeland Secu- tion and prosecution of the largest do- licans held a 1-day hearing to consider rity before the Trump administration. mestic terrorism attack in recent his- ’s nomination to be For over a year, the Agency was led by

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