Congressional Record—Senate S7432

S7432 CONGRESSIONAL RECORD — SENATE June 11, 2007 down tax loopholes that allow profit- ship are all without precedent. It is a That is on credibility. able U.S. multinational companies to simple measure we have before us. Let On the Attorney General’s lack of avoid paying their fair share. me read it. commitment to independence and the Over the years, I have heard a few It is the sense of the Senate that Attorney rule of law, the record is also disturb- clear messages from the investment General Alberto Gonzales no longer holds the ingly clear. The Attorney General has community, Federal and State regu- confidence of the Senate and of the Amer- long shown that he misperceives his ican people. lators, energy industry, and environ- role. He forgets that he is the people’s mental and local community interests. Are there any Members here who lawyer, not just the President’s. If one It must be clean so that we are don’t agree with that sentiment? If so, needs a single image to symbolize the incentivizing an environmentally sus- I haven’t heard them. Senators are not Attorney General’s contempt for the tainable energy option. We need to a shy lot. Their silence on this point is rule of law, it is that of Alberto send the right market signals with du- deafening. So if Senators cast their Gonzales bending over John Ashcroft’s ration, with a sustained commitment, votes with their conscience, they would sickbed on the night of March 10, 2004. and with certainty so that the best in- speak with near unanimity that there It is the picture of then-White House vestment decisions are made. is no confidence in the Attorney Gen- Counsel Gonzales trying to take advan- I believe this legislation is an impor- eral. Their united voice would undoubt- tage of a very ill man who didn’t even tant step in that direction. edly dislodge the Attorney General have the powers of the Attorney Gen- f from a post he should no longer hold. eral to approve a program that the De- But we may not have a unanimous vote EXPRESSING THE SENSE OF THE partment of Justice could not certify here today, I am told. That is a puzzle was legal. SENATE THAT ATTORNEY GEN- because no matter what standard one ERAL ALBERTO GONZALES NO applies, no matter what criteria one That example, unfortunately, has LONGER HOLDS THE CON- uses, the Attorney General cannot plenty of company. Consider the image FIDENCE OF THE SENATE AND enjoy the confidence of the Senate. He of Attorney General Gonzales in March OF THE AMERICAN PEOPLE—MO- certainly doesn’t of the American peo- of this year making Mrs. Goodling feel TION TO PROCEED ple. ‘‘uncomfortable’’—her word—by going The ACTING PRESIDENT pro tem- The bill of particulars against the through the sequence of events related pore. Under the previous order, the Attorney General is staggering. On the to the U.S. attorney firings. How often Senate will resume debate on the mo- question of the Attorney General’s do people comfort someone by review- tion to proceed to S.J. Res. 14, which credibility, the record speaks for itself. ing their recollection of events that are the clerk will report. Repeatedly, the Attorney General has subject to congressional investigation? The assistant legislative clerk read misled the Congress, misled the Amer- Add to those examples the documented as follows: ican people, and given incredible expla- violations with respect to national se- A motion to proceed to the consideration nations for the U.S. attorney firings. curity letters and other admitted of S.J. Res. 14, expressing the sense of the The Attorney General’s comments abuses in connection with the PA- Senate that Attorney General Alberto have been a series of shifting reactions TRIOT Act. How can such leadership Gonzales no longer holds the confidence of and restatements. Is this confidence-in- inspire confidence? the Senate and of the American people. spiring conduct from the Nation’s chief Rule of law in the Gonzales regime, The ACTING PRESIDENT pro tem- law enforcement officer? sadly, has apparently been an after- pore. Under the previous order, the Re- We learned that Attorney General thought rather than a bedrock prin- publican leader shall control the time Gonzales was personally involved in ciple. Again, there is no liberal or con- from 5 to 5:20, and the majority leader the firing plan after being told he servative or Democratic or Republican shall control the time from 5:20 to 5:30. wasn’t. We learned that the White position on the Attorney General’s The Senator from New York is recog- House was involved after being told it lack of independence and commitment nized. wasn’t. We learned that Karl Rove was to rule of law; it is virtually unani- Mr. SCHUMER. Mr. President, par- involved after being told he wasn’t. We mous. Consider the words of the con- liamentary inquiry: The Republican learned that political considerations servative group the American Freedom leader controls the time from 5:10 to were paramount after being told they Agenda: 5:20, as I understand? weren’t. Then, when the Attorney Gen- The ACTING PRESIDENT pro tem- Attorney General Gonzales has proven an eral finally had the opportunity to set unsuitable steward of the law and should re- pore. Under the previous order, it is the record straight on April 19, 2007, sign for the good of the country. from 5 to 5:20. what did he do? More than 70 times he On the question of whether the De- Mr. SCHUMER. I ask unanimous con- answered ‘‘I don’t know’’ when asked partment has been improperly politi- sent that those of us in favor of this the most basic questions about how he cized, the record is again clear. resolution be given a half hour to de- came to fire 10 percent of the Nation’s bate. U.S. attorneys. The Attorney General Attorney General Gonzales has pre- The ACTING PRESIDENT pro tem- admitted he didn’t know the reasons sided over perhaps the most politicized pore. Is there objection? why several U.S. attorneys were fired Department in history. We have Mr. DOMENICI. I object. but insisted in the very next breath learned that under Alberto Gonzales, The ACTING PRESIDENT pro tem- that he knew they were not fired for being a ‘‘loyal Bushie’’ was more im- pore. Objection is heard. improper reasons. Does that inspire portant than being a consummate pro- Mr. SCHUMER. Mr. President, I un- confidence? One of our most mild-man- fessional. We have learned that U.S. at- derstand there is a misunderstanding. nered Members, Senator PRYOR, be- torneys who were performing their du- They weren’t supposed to start until lieves he was lied to directly by the At- ties admirably were apparently dis- 5:10, but the order says 5 o’clock, which torney General, and he has good reason missed because of unfounded allega- would only give us 10 minutes to de- to think so. tions by political figures, allegations bate this motion. Time after time, the Attorney Gen- that were never investigated or never Let me begin and not waste any fur- eral has shown he doesn’t have the proven. We have learned that an un- ther time. I rise in support of the mo- credibility to lead the Department. precedented voter fraud case was tion to proceed to a vote of no con- This is not a liberal or conservative as- brought in Missouri on the eve of an fidence on Attorney General Alberto sessment. This is not a Democratic or election in clear violation of the De- Gonzales. It is a fair measure. I know it Republican assessment. It is a uni- partment’s own policy. We have is one with few precedents, but it is versal one. Listen to the words of the learned that deep suspicions about im- called for today because the dire situa- conservative National Review maga- proper politicizing even at the entry tion at the Department of Justice is zine, which wrote on March 28: level of the professional ranks were also without precedent. The level of What little credibility Gonzales had is correct. We have learned from the At- disarray and dysfunction, the crisis of gone . . . Alberto Gonzales should resign. torney General’s own former senior credibility, and the failure of leader- The Justice Department needs a fresh start. counselor Monica Goodling that she

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7433 ‘‘crossed the line’’ in considering par- I have a leadership meeting at 5:15. I Senate Republican Campaign Committee, tisan affiliation in filling career posi- have a time problem. I do not seek to the most blatantly political position you can tions at the Justice Department—ca- get in front of the Senator from New hold. Then . . . he embarked on his partisan and political inquisition of the First Family. reer positions, not political positions. York, but I really need to speak at 5 The Office of Professional Responsi- o’clock, at the time I was anticipating According to the New York Times, bility and the Office of Inspector Gen- speaking. the thing about Senator D’Amato’s ac- eral have now opened investigations re- Mr. SCHUMER. Madam President, I tivities that my friend from New York lating to the hiring of immigration ask unanimous consent that the minor- appeared to find particularly galling judges, civil rights lawyers, and Honors ity leader be given his 15 minutes now, was that his behavior was motivated by reelection concerns. Program attorneys. All of this, of that then I be given another 10 minutes Given the two hats my friend from course, occurred under the Attorney to finish my remarks, and the Senator New York currently wears, you can see General’s watch. Either the Attorney from Rhode Island be given 10 minutes why I obviously found the standard he General knew about these potentially to speak, and that we vote imme- set out in 1998 to be quite intriguing. illegal activities and did nothing or he diately thereafter. We all talk to the media—some of us was oblivious to what was going on be- The PRESIDING OFFICER. Is there more than others—and we may make neath his own nose. Either way, Mr. objection? offhand comments we later regret, es- Gonzales is responsible for a deeply po- Mr. MCCONNELL. Madam President, pecially in the heat of a campaign. But litical culture at the Department, un- reserving the right to object, the Sen- the Senator from New York thought precedented in modern times. As ator from Mississippi and I are going his conflict of interest charge was so former Deputy Attorney General Jim to—I guess the Senators from Texas important that he ran a television ad Comey has said, these kinds of blows to and Mississippi and I are going to di- about it. The Buffalo News reported: the reputation of the Department will vide the 15 minutes. Madam President, Among the blizzard of attack ads running be hard to overcome. Does that kind of provided that Senator LOTT and I could this weekend is one in which Schumer leadership inspire confidence? divide the 15 minutes, and Senator charged that D’Amato used the Banking Finally, given all of this, on the basic HUTCHISON could get an additional 4 Committee . . . to mount a ’vicious’ partisan question of competence and effective- minutes, then I would be agreeable to attack on first lady Hillary Rodham Clinton ness, the Attorney General has proven the request. three years ago. himself to lack the leadership ability The PRESIDING OFFICER. Is there Now, New York is certainly an expen- needed to right the Department. By objection? sive media market. Yet because my every account, the Attorney General’s Mr. SCHUMER. Madam President, re- good friend from New York was so con- handling of the U.S. attorney firings serving the right to object, I would add cerned with Senator D’Amato’s has been catastrophic. Morale at the to the request—Senator REID wishes 10 chairing the NRSC while he was inves- Department is at an alltime low. How minutes at the conclusion of the de- tigating the First Lady, he spent a lot can we have confidence in an Attorney bate. So adding the 15 minutes for the of money urging New Yorkers to re- General who can’t get his story minority leader, divided with the mi- move Senator D’Amato from office. So straight? How can we have confidence nority whip from Mississippi, and 4 he must have really thought it was a in an Attorney General who still can’t minutes for the Senator from Texas, 10 serious conflict for someone to lead his tell us why 10 percent of the Nation’s minutes for myself, 10 minutes for the party’s campaign committee while also U.S. attorneys were fired? How can we Senator from Rhode Island, and 10 min- leading an investigation into an admin- have confidence in an Attorney Gen- utes for the Senator from Nevada, I ask istration of the opposite party. How times change, Madam President. eral who would allow his top staff to that we have that time and then we Now my good friend is leading his par- take the fall for his own failings? How vote. ty’s principal campaign committee for can we have confidence in an Attorney The PRESIDING OFFICER. Is there the Senate, the DSCC. At the same General who allowed improper and pos- objection? time, he is leading an official Senate sibly illegal political hiring to take Mr. MCCONNELL. Madam President, investigation into the Justice Depart- place? reserving the right to object, when will ment. Given the crisis of confidence and the vote commence? He chairs the Judiciary Sub- The PRESIDING OFFICER. It will credibility, given the abysmal record of committee on Administrative Over- trampling the rule of law and longtime commence at 5:49. Is there objection? sight and the Courts. standards of nonpolitical hiring, the The media widely reports that he has Without objection, it is so ordered. vote today should be an easy one. Some been tapped by the majority leader to Mr. MCCONNELL. Madam President, will claim they are opposing the mo- lead this investigation. The piece in there are four ways to become a Sen- tion because they say this vote was the National Journal calls him the ator: by appointment, by special elec- called for political reasons. This vote is Democratic ‘‘point man’’ on this par- tion, by winning an open seat, or by de- not about politics. If this were all ticular subject—our good friend from feating an incumbent. about politics, it would be easy to sit New York. back, let the Attorney General remain, My good friend from New York, who He usually has chaired one of the nu- cast aspersions on him for the next 18 has been speaking, and I came to the merous hearings the committee has al- months, and reap the political benefits. Senate the same way: by defeating an ready held on this subject. To borrow But the Department of Justice is too incumbent. That way is often the hard- from the National Journal, you could important, and we have an obligation est, so I am sure the Senator remem- say he is ubiquitous when it comes to to do everything we can in a bipartisan bers his 1998 Senate race against our this subject. way to demand new leadership. former colleague, Senator Al D’Amato. The campaign committee he chairs The PRESIDING OFFICER (Ms. STA- It was quite a race. The Senator from has repeatedly used material derived BENOW). The time of the Senator has New York surely remembers one of his from his investigation for partisan expired. criticisms of Senator D’Amato: that campaign purposes. Mr. SCHUMER. Madam President, we Senator D’Amato had, in essence, He held a press conference before the have had some timing difficulties. We abused his office. ink was barely dry on the Schumer res- have only had about 10 minutes to de- My friend from New York said it was olution. There, he predicted, amaz- bate this resolution. improper for Senator D’Amato to use ingly, that we would go to this resolu- Might I ask the minority leader a his official Senate position to inves- tion immediately after immigration. question? What is his pleasure? I had tigate the former first lady while Sen- And it looks as if the majority leader been told he was coming at 5:10, but ator D’Amato was also chairman of his filed cloture on immigration to make the agreement says 5. party’s Senate campaign committee, sure we kept the schedule of my good The PRESIDING OFFICER. The Re- the NRSC. My friend from New York friend from New York. publican leader. said, in referring to Senator D’Amato: Last, but not least, he is the author Mr. MCCONNELL. Madam President, Do you know what he did right after he got of the resolution we will be voting on my understanding is I am to speak at 5. elected? He became chairman of the national in a little while.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7434 CONGRESSIONAL RECORD — SENATE June 11, 2007 So I find myself perplexed about the 1989. I do not recall anything of this tions bills, once again. I cannot just application in these circumstances of nature having been proposed before. blame Democrats. We have done the the standard the Senator from New Maybe we should be considering a vote same thing: an omnibus appropriations York set out in 1998. We could call it of no confidence in the Senate or in the bill with all kinds of shenanigans being the Schumer standard. Congress for malfunction, for an inabil- involved in that, trying to lump all It seems to me that Senator ity to produce anything. Yet this reso- these bills together—put the Defense D’Amato’s position in 1998 is like the lution would bring up this issue and appropriations bill in there and irrele- current position of my friend from New have us spend time debating it. vant language and say: Here. Take the York in all material respects. This is not the British Parliament, whole wad, Mr. President. So given that the Senator from New and I hope it never will become the Oh, yes, we did it to Clinton, and we York has said it is a serious conflict of British Parliament. Are we going to have done it to President Bush, but it interest for someone to lead his party’s bring the President here and have a is not the way to do business. Can we campaign committee while he uses his questioning period like the Prime Min- do something about health care? Can official position to lead an investiga- ister has in Great Britain? we get this Energy bill done? Remem- tion of the administration of the oppo- So I am very much concerned about ber now, if you start these different site party, I cannot understand why it this. A vote of no confidence of any cloture votes, being able to find a way is not a conflict of interest for my Cabinet official would have no effect. to get an Energy bill done—not to men- friend from New York to lead his cur- The President makes that decision. tion other things we would like to do rent investigation of the Justice De- And I suspect the ability of a Cabinet after that—they are going to be de- partment. official to perform or not perform is in layed or derailed completely. So this is And given that the Senator from New the eye of the beholder. a very disappointing spectacle here York wanted Senator D’Amato re- But the main point is, that is not our today. moved from office under similar cir- job. We do not have authority to make Now, the sponsor of the resolution— cumstances, I also cannot understand that determination. So what are we the fact is, he is chairman of the Demo- why my good friend should not at least going to accomplish today? This is all cratic Senatorial Campaign Com- recuse himself—recuse himself—from about partisan politics. Nobody is mittee. He is in that position, and then the official investigation of the Justice fooled by this. This is about trying to he is taking these attack positions. So Department that he himself has been get a vote to try to put some people on I do not think anybody has to be drawn leading. the hot spot. That is what it is really a further picture to understand what is In conclusion, I hope it is not the all about. going on with this effort. case that our friend from New York Now, by the way, you have not seen So I urge my colleagues: Look, he has made his point, made his speech. wrote this resolution and pushed the me running around making a big scene We are going to have a vote in a few Senate to spend its valuable time on of expressing my confidence one way or minutes. We ought to summarily punt this particular resolution for partisan the other in this Attorney General, or this out into the end zone where it be- political purposes. And if he did not do any other Attorney General, or the longs. This is beneath the dignity of that, then I trust we will not see the Justice Department, for that matter, the Senate. How low will the Senate campaign committee he is chairing regardless of who is the President of go? If we get into this for hours or using the Senate’s vote on this resolu- the United States. days, pity how much it is going to tion—his own resolution—for campaign We are supposed to be here to pass laws, to get things done. When was the debase this institution even further. purposes. I urge my colleagues to vote against last time we did something like that? Madam President, I yield the floor. the motion to invoke cloture on the Not this year. Frankly, not over the The PRESIDING OFFICER. The Sen- motion to proceed, and let’s move on to last 3 years because of gymnastics like ator from Mississippi. the business of the Senate and the Mr. LOTT. Madam President, par- this—exercising to no effect. No. What business of the American people. The should we be doing for the American liamentary inquiry: How much time do American people may not have par- people? We should be trying to find a I have? ticular confidence one way or the other The PRESIDING OFFICER. The Sen- way to have strong immigration re- in this Attorney General, but this is 1 2 form for illegal and legal immigrants. ator has 9 ⁄ minutes. not an election of the Attorney Gen- Mr. LOTT. I have 91⁄2 minutes? We made a 2-week effort. Some people eral. The PRESIDING OFFICER. That is said: Oh, that is long enough. I can re- I urge my colleagues to vote against correct. member us spending weeks on a bill—I cloture on the motion to proceed and Mr. LOTT. Thank you, Madam Presi- think 6 weeks on No Child Left Behind. let’s get on with the business of the dent. I remember one time we spent a month Senate. I had some passing remarks to make on a tobacco bill, which we eventually I yield the floor. last week about believing we should had to pull down and move on. The PRESIDING OFFICER. The Sen- find a way to move forward the immi- To spend in the Senate weeks on a ator from Texas is recognized. gration reform effort—to improve it, to very important issue, so Senators can Mrs. HUTCHISON. Madam President, change it, but to try to get it done—be- express their views and offer amend- I rise to speak against this motion as cause it is an issue we should not just ments, and they can be voted on, is well. I agree totally with the Senator push aside. quite normal. But, no, we are not doing from Mississippi in saying: What are We ran into some difficulties, and immigration reform. We hope to be we doing spending this whole day talk- there is no use in trying to recount able to get to Defense authorization. ing about a resolution which everyone how that happened. I think the impor- Oh, and by the way, what happened knows will have no effect whatsoever, tant thing is we try to find a way to to the appropriations bills? The major- except probably on the nightly news, resurrect it, get it properly considered, ity leaders do know, I think, that if which I assume was the purpose of in- amended, voted on, and concluded, if at you do not begin the appropriations troducing it in the first place. all possible. But that goes to the heart process in late May or early June, you We have talked about the judgment of what I want to say today. are not going to make it. The majority of the Attorney General in handling Is this what the business of the Sen- leader has, appropriately, said we are the U.S. attorney personnel issues. ate is really all about, a nonbinding, ir- going to pass all the appropriations There is clearly a division. There has relevant resolution? Proving what? bills in regular order. How does he in- been a lot of discussion. A number of Nothing. If this should go forward, we tend to do that? We are not going to do people have said what they think of the would have hours, days—who knows, a a single one in June, and we will be handling of that situation. But stating week—debating on whether to express lucky if we do four in July. It is not your opinion is very different from our confidence or lack thereof in the going to happen. having the Senate address this matter. Attorney General—to no effect. We are going to wind up with a train The President relieved almost all of his Now, I have been in Congress 35 wreck at the end of the fiscal year. We Cabinet when he changed into his sec- years. I have been in the Senate since are going to have all these appropria- ond term. Why wouldn’t he be able to

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7435 replace U.S. attorneys who also serve minority leader and the minority whip, and he is still Attorney General. John at his pleasure in the same way he de- there was not a single word uttered in Ashcroft, who is hardly a liberal, hard- cided to change leadership in the Cabi- defense of the Attorney General. No ly a Democrat, threatened to resign be- net? That is the right of the President. wonder the other side doesn’t want this cause of what then Counsel Gonzales The Senate has the right to confirm resolution brought up. They know the attempted to do, and he is still in of- Cabinet officers and U.S. attorneys, Attorney General has failed miserably fice. and we have exercised that right. What in his job. They know the President The bottom line is very simple. We the Senate should not be doing is pass- has clung stubbornly to keeping a man have a sacred, noble obligation in this ing meaningless resolutions that could who virtually no one in America thinks country to defend the rule of law. only serve a political purpose. is up to the job, who overwhelmingly There was an article in the New York With the issues we have facing this has lost his credibility in his answers Times the other day about how some country, how could we be spending a and nonanswers and ‘‘don’t knows.’’ people are using elections to try to jus- whole day, and possibly more if cloture They can’t defend him. So they do tify themselves staying in office in is invoked, on a resolution that will what somebody does when they don’t some less developed countries. But the have no impact? Why wouldn’t we be have much of an argument—they seek public wasn’t falling for it, because talking about immigration, which we diversions. We will not be diverted. The without rule of law, without democ- discussed last week and the week be- rule of law is too important. The rule racy, without law being applied with- fore that when we were in session? We of law is too sacred. out fear of favor, there is no freedom. were making headway. Immigration is Is it unusual to have a no-confidence Our job is to be vigilant in protecting a very important issue for our country. resolution? Yes. But it is just as un- that freedom. The Energy bill which is before us is usual—more unusual—to have an At- Some of my friends tossed off charges a very legitimate, major issue for our torney General not in charge of his de- of ‘‘political’’—to vote ‘‘no’’ when one, country. We all want to bring gasoline partment on a major issue facing his in fact, agrees with the sentiment in prices down. But all of a sudden, thrust department—the firing of U.S. attor- the resolution is to cast a vote for the in the middle of the energy debate is a neys—to say he didn’t know what was worst political reasons. A ‘‘no’’ vote meaningless resolution of no con- happening 70 times; to have an Attor- ratifies the President’s support for the fidence in the Attorney General. There ney General contradict himself time Attorney General. A ‘‘no’’ vote con- has been no allegation that he has done after time after time. For me, it is un- dones the conduct of the Attorney Gen- something criminal or illegal, just that usual in whatever airport I go to eral. A ‘‘no’’ vote condemns the De- people disagree with his judgment. around this country to have people partment to a prolonged vacuum in There were people who disagreed come up to me—it has happened five or leadership and a crisis of morale. with the Attorney General serving in six times now—and say: I work in the It is politics simply to cover for the the previous administration—Janet Justice Department. I am a civil serv- President when you know on this issue Reno—when the Branch Davidian com- ice employee. Keep it up, Senator. Our he is wrong. It is politics to put blind plex in Waco, TX was charged and peo- Department is demeaned—one of them loyalty to a political leader over the ple died. Many felt the Attorney Gen- used the word ‘‘disgraced’’—by the fact sacred century after century tradition eral jumped the gun and took too dras- that Alberto Gonzales is still Attorney of rule of law. It is politics to voice op- tic an action, when talking would have General. position to the Attorney General and been better. Or the Elian Gonzalez So, yes, a no-confidence resolution is then refuse to back one’s conviction issue. There was much disagreement unusual, but this is not simply a policy with one’s vote. It is politics to know about the handling of that issue. I disagreement. Oh, no. This is a major that Alberto Gonzales should not, must didn’t see Republicans running to the scandal. This is a series of inappro- not, remain as Attorney General and floor of the Senate seeking a resolution priate behaviors by a Cabinet officer. I then quietly, meekly cast your vote to of no confidence in the Attorney Gen- don’t have a single bit of doubt that if keep him. eral. I think, frankly, the majority is the shoe were on the other foot, my I yield the floor, and I reserve the re- jumping the gun in doing something colleagues from the other side of the mainder of my time. such as that here. I hope we will put aisle would be complaining more loud- The PRESIDING OFFICER. The Sen- this away by not invoking cloture on ly, more quickly than we have. ator from Rhode Island is recognized as the motion to proceed. Frankly, I hope What do you do when there is some- part of the unanimous consent agree- we will restore the reputation of this one in an office who we all know ment. body by taking up the issues that af- doesn’t deserve to be in that office, and Mr. WHITEHOUSE. Madam Presi- fect our country, debating them, and not a word—except for Senator dent, I yield 2 minutes to the Senator having votes. HATCH—not a word of confidence has from Missouri. Madam President, I yield the floor. been spoken by the other side? We Mrs. MCCASKILL. Madam President, The PRESIDING OFFICER. The Sen- heard 19 minutes of speeches a minute I thank the Senator from Rhode Island ator from New York is recognized. ago. We don’t hear the words: We sup- for yielding a couple of minutes. Mr. SCHUMER. Madam President, port the Attorney General; we have There have been a couple of times in first, in regard to my good friend from confidence in the Attorney General; my career when I have walked into a Texas, I think there is a little bit too the Attorney General should be able to room and have been humbled. Obvi- much protestation here. We have spent stay. It is because his record is indefen- ously, the day I walked in this place, I less than 2 hours on this issue—just 2 sible. was humbled beyond words. But when I hours—and now we are being told we So, yes, this no-confidence resolution first walked into a criminal courtroom don’t have enough time to debate is unusual, but it rises to the highest as an assistant prosecutor as a very whether one of the most important calling of the Senate, to seek rule of young lawyer, I was also humbled by Cabinet officers is up to the job. That law over politics, to seek rationality the responsibility that had been placed doesn’t hold water. They are not upset and fairness over stubbornness and po- upon me by our system of justice. I re- we are taking 2 hours away from de- litical games. This is what we are sup- member talking to one of the older bate. They have spent much more time posed to do. We have a function of prosecutors in the office about what I on many more things that are of less oversight. There is no question Attor- should worry about. He said: Just re- consequence to this country. ney General Gonzales has failed on member, remember that woman with But let me say this: The minority credibility, on competence, on uphold- the scales of justice, Claire. Remember leader and the minority whip have ing the rule of law. she has a blindfold on. made my case better than I ever could. The Nation has been shocked by what That blindfold is what this is about They failed to utter the words: We have he has done. He urged an ill John today. Frankly, it doesn’t matter faith in Attorney General Gonzales. Ashcroft, on John Ashcroft’s sickbed, whether you are a Democrat or a Re- They failed to state: We have con- to sign a statement that the Justice publican, whether you were for George fidence in Attorney General Gonzales. Department itself thought was not jus- Bush or not for George Bush. What In fact, in the entire speech of both the tified by the law in terms of wiretaps, matters today is how those prosecutors

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7436 CONGRESSIONAL RECORD — SENATE June 11, 2007 out there in this country feel right Time-honored traditions and practices There has been an almost unbeliev- now, and what this incident did to the of the Department, vital to the impar- able series of half-truths and obfusca- way they feel about their jobs. Because tial administration of justice, have tions coming out of the Attorney Gen- there are thousands of professional been gravely damaged or destroyed on eral and his circle. They told us that prosecutors—some of them have been his watch. the firings of U.S. attorneys were per- appointed, some of them have been One, U.S. attorneys used to come formance related. Not true. They told hired, some have been elected—what from their home districts, where they us the Attorney General was not in- they all have in common is they under- were accountable to local people, volved and didn’t discuss the plan to stand their job is not about politics, it where they knew the judges and the fire U.S. attorneys. Not true. They told is about the rule of law. law enforcement officers. Not under us the White House was not involved. When this whole incident unfurled in this Attorney General. Now they fly Not true. They told us these EARS per- front of the American public, to all of them in from Washington where they formance evaluations were not rel- those prosecutors it felt as though they will do President Bush’s bidding. evant. Not true. They told us the At- were being cheapened, that somehow Two, U.S. attorneys were always put torney General didn’t discuss the sub- Gonzales and the rest of them were up for advice and consent. Not under stance of the testimony with other wit- saying they were being judged on their this Attorney General. He presided nesses during the investigation. Not politics and not on their profes- over the statutory circumvention of true. They told us the Chief of Staff of sionalism. our Senate confirmation process. the Deputy Attorney General never Three, the list of people at the White So I come here just for a moment to made threatening calls to U.S. attor- House and the DOJ who used to be able try to give a voice to those thousands neys who were going to publicly dis- to talk about cases with each other re- of prosecutors out there. I know them. cuss the matter. Again, not true. I have worked with them shoulder to cently included only four people at the How many times can the Department shoulder for years. They care deeply White House and only three at the of Justice say things that are not true? about their work, they care deeply DOJ. Not under this Attorney General, Fifth, the hypocrisy is almost unbe- about the rule of law, and they care where 417 White House officials, includ- lievable. The Attorney General’s own deeply about fundamental justice. ing Karl Rove, can now have these for- incompetence and misjudgments fail On their behalf, I rise today for a mo- merly illicit conversations with the the very test he claimed he set for the ment to say this Chamber should vote Department of Justice. fired U.S. attorneys. As one of my col- Four, career attorneys were kept free unanimously a vote of no confidence leagues said to Attorney General of partisan interference. Not under this against the Attorney General of the Gonzales at his hearing, ‘‘Why should Attorney General. There are politics in United States. you not be judged by the same stand- the Honors Program, politics in career I yield the floor. ards at which you judged these dis- The PRESIDING OFFICER. The Sen- official appointments, politics in per- sonnel evaluations, and politics in the missed U.S. Attorneys?’’ ator from Rhode Island is recognized. Madam President, our Attorney Gen- Mr. WHITEHOUSE. Madam Presi- appointment of immigration judges. Five, U.S. attorneys were almost al- eral would fail that standard. How can dent, I thank the Senator from Mis- ways left in place to do their jobs once he oversee our Federal Bureau of Inves- souri for her remarks. Like her, I have they were appointed, knowing that tigation when the FBI Director had to been appointed and elected as a U.S. they had a higher calling than their po- warn FBI agents guarding the Attorney attorney and as an attorney general. I litical appointment. Not under this At- General not to obey his instructions, ask all of my colleagues who are listen- torney General. Simply put, a man who when he was White House Counsel scur- ing to take her at her word. Prosecu- doesn’t care about those institutions of rying over to the ailing Attorney Gen- tors across the country are horrified the Department of Justice is the wrong eral’s hospital room to try to get his about what has happened. I applaud person to lead it back out of the mess signature on a document? Senator SCHUMER for what he has done he has put it in. You can say this is just a partisan ex- to push this forward. He has politicized this Department to ercise, but it may take a decade to re- The Senate has an important over- a degree not seen since the Nixon ad- pair the damage Attorney General sight role. We have advice and consent ministration—U.S. attorneys fired for Gonzales has caused. Every day that responsibilities, and we have a Judici- political reasons, with White House fin- passes without his resignation is one ary Committee on which Senator SCHU- gerprints all over the place, and Karl more day before the repair has begun. MER and I serve. I tell you, the U.S. De- Rove and others passing on informa- From the perspective of the Bush ad- partment of Justice is a precious insti- tion to the Department of Justice ministration, I can see how a wounded, tution in our democracy. It is under about voter fraud to pump up interest grateful Attorney General on a very siege from within, and we need to take in cases. DOJ policy is ignored, with no short leash may be just as they want as some action. justification; written policy was ig- they try to exit Washington without This resolution is not about partisan- nored to bring indictments on the eve further indictments. But that is not ship. It is not about scoring political of a critical election in the State of the Attorney General America needs to points. It is about two very important Missouri; the White House Counsel maintain the best traditions of the De- things—one, letting the people of chastising a U.S. attorney over mis- partment of Justice through adminis- America know we care about an hon- handling a case. How does the White tration and administration and admin- est, independent, and truthful Depart- House Counsel know whether a DOJ at- istration, through Republicans and ment of Justice. That is not meaning- torney mishandled the case? Who is Democrats alike, and to ensure the fair less. It is also about letting the career telling him what is going on in the administration of justice in our coun- people within the Department of Jus- DOJ? The DOJ even invented the posi- try. tice know that we hear them, we care tion of White House Liaison—first time As a former U.S. attorney who has about them, we know what has been ever—who, by her own admission, profound respect for the Department of done to this Department is shameful; screened applicants based on inappro- Justice and its thousands of career em- that this ordeal for them will one day priate and probably illegal political ployees, I believe America deserves an be over, and we will work hard as peo- factors. Attorney General who will lead by ex- ple who care about this country and Third, the Attorney General has set ample, who will set the very highest about the Department of Justice to the bar for his office far too low. His standard for himself and his staff, who make that day come soon, so that once stated definition of what is improper will do his best to keep politics out of again truth and justice can be the stars for him and his staff, believe it or not, the justice system and will restore the that guide the Department of Justice. tracks the legal standard for criminal country’s faith and confidence in one of That, too, is not meaningless. obstruction of justice. Is that the kind its most important institutions. Madam President, the bill of particu- of Attorney General we want? Is that Please set aside politics and let us lars against Attorney General Gonzales the kind of accountability to himself stand up for the Department of Justice. is long. First is the fact that he does we want? The Attorney General should Let us restore a vital institution in not respect the institution he leads. do a lot better than that. American life. Please let us vote for

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7437 cloture and proceed to do what our egated to his staff a major project like Finally, almost every U.S. attorney duty calls for us to do. deciding which of 93 presidential ap- will have one, sometimes more, sen- I yield the floor. pointees to top law enforcement posi- sitive cases that are ongoing at any Mr. FEINGOLD. Mr. President, I will tions to fire. He could not recall doing given time. Anyone familiar with the vote in favor of cloture on the motion any of them. We know that the Attor- process will know that removing a U.S. to proceed. After months of troubling ney General was involved in this proc- attorney who is in the process of han- and even shocking disclosures about ess and made the final decisions on the dling some high profile criminal case the U.S. Attorney firings and the firing plan, but he can’t seem to re- will often result in quite a bit of polit- politicization of the Department of member much beyond that, even ical pushback, even if the U.S. attor- Justice, it is important for the Senate though it was only a few months ago ney has very little hands-on involve- to go on record on the question of that this all took place. He has failed ment with the case. whether the Attorney General should in a very significant way. He should re- One of the problems that the Attor- continue in his post. This vote may end sign. ney General had was that he did not up being our only vote on this matter, With the snowballing problems at the fully understand these dangers in re- but since the resolution itself is non- Justice Department, it could hardly be moving U.S. attorneys because he had binding, this vote, though procedural more plain that the Attorney General never been involved in it as a member in nature, is sufficient to inform the has lost the confidence of Congress and of the Department of Justice. He sim- Nation exactly what the Senate’s posi- the public. As Mr. Comey said in re- ply did not comprehend the seriousness tion is. Those who vote against cloture sponse to my written question: ‘‘This of the issue with which he was dealing. plainly are comfortable with the Attor- entire affair has harmed the Depart- If he had, he would have spent a great ney General remaining right where he ment and its reputation.’’ The Depart- deal more time on it than he did. He is. Those of us who vote for cloture are ment of Justice should always be above would not have delegated it to his as- not. reproach. The AG should step down for sistants—many of them young and also In January 2005, I voted against the good of the country. Since he will not experienced—in the reality of this Alberto Gonzales to be the Attorney not, the Senate should express its judg- process either. General because I was not convinced he ment, on behalf of the American peo- As a result, there occurred an un- would put the rule of law, and the in- ple. seemly series of events that reflected Mr. SESSIONS. Mr. President, as a terests of the country, above those of poorly on Attorney General Gonzales former U.S. Attorney for 12 years and the President and the administration. and other members of the Department as an assistant U.S. attorney for over 2 Unfortunately, those concerns have of Justice, and which has damaged the years, I am well aware that U.S. attor- been realized over and over. It is not reputation of the Department of Jus- neys serve at the pleasure of the Presi- tice. This was not a small matter but a just the U.S. Attorneys scandal. In re- dent and that they are appointed very important matter. I think now he cent months, the Department’s Inspec- through a political process that in- realizes the importance of this process tor General issued a very troubling re- volves home State senators conferring and is sincerely apologetic for allowing port on National Security Letters. The with the President of the United States it to develop the way it did. He is also Attorney General, of course, had as- before the nomination is made, and apologetic for the way that he re- sured us that the Department could be which involves confirmation by the sponded to the inquiries made about trusted to respect civil liberties in its U.S. Senate. the proposed U.S. attorney changes. exercise of the unprecedented powers it As I have observed previously, the Let me insert, parenthetically, that was given in the Patriot Act. matter involving Attorney General much of the criticism leveled against Perhaps the Attorney General’s big- Gonzales concerning the appointment the Attorney General, the President gest failure concerns the warrantless and removal of certain U.S. attorneys and his aides has been exaggerated and wiretapping program. When he came arose because at some point there was sometimes quite inaccurate. But, if it before the Judiciary Committee for his interest in a substantial change in the comes from a member of Congress or a confirmation hearing, he gave very persons holding the offices of U.S. at- Senator, that means you never have to misleading testimony to a question I torneys throughout the country. Ap- say you are sorry. However, if the At- asked concerning whether the position parently, some wanted a large number torney General, in responding to at- the administration had taken with re- of changes and others did not. To them, tacks, makes explanations that are in spect to torture might also allow it to it may have seemed like an easy thing any way less than fully accurate one authorize warrantless wiretaps. He to do. The President would simply just can expect that he will be attacked vo- called my question ‘‘hypothetical.’’ remove them and appoint others. ciferously as attempting to mislead or Just less than a year later, we found Attorney General Alberto Gonzales worse. Unfortunately, there is a double out that the administration had in fact had no previous experience in the De- standard and it often results in unfair- taken precisely that position for years. partment of Justice at any time in his ness and this is one of those cases. His appearance before the Judiciary career and seemed to have very little Many of the complaints against Attor- Committee last year to discuss the interest in who were serving as U.S. at- ney General Gonzales have been very legal justification of the wiretapping torneys. This was an error on his part. unfair and unfortunate. program was one of the weakest and Attorney General Gonzales simply did After this spasm developed, I was least convincing I have ever seen. And not understand that the removal of a worried about the Attorney General’s the recent testimony of former Deputy U.S. attorney is always a delicate and capacity to lead the Department of Attorney General James Comey con- difficult process. First, U.S. attorneys Justice effectively and expressed con- cerning Mr. Gonzales’s bedside visit to have Senatorial support. Their ap- cern as to whether or not he would be former Attorney General John pointment was initially cleared by the able to assemble an able staff to com- Ashcroft raises serious questions about U.S. Senator for that State and often plete his term and whether or not it his veracity at that hearing. It also the Congressman from that district. would be, in sum, better for the De- raises questions about his ethics, and, Secondly, they have local support partment of Justice that he step aside. once again, his respect for the rule of among their friends and constituents I publicly suggested that he and the law. and they often have built up strong President meet together and discuss But it is not just his commitment to support among local, State, and Fed- this issue with frankness. I quoted the the rule of law and his willingness to eral law enforcement agencies. Those Attorney General himself as saying tell the truth to Congress that troubles bonds are often strong and the removal that the matter was not about the At- me about this Attorney General’s ten- of a U.S. attorney often causes concern torney General, but was really about ure. At his most recent appearance be- among those law enforcement agencies what was best for the Department of fore the Senate Judiciary Committee and groups. They have also often Justice. to discuss the U.S. Attorney firings, I gained support in the local community It now appears that the Attorney questioned him about whether he did with childrens’ advocacy groups, crime General and the President have con- some of the most basic things that you prevention groups, and victims’ rights cluded that the Attorney General com- would expect a manager to do if he del- groups. mitted no offense, committed no crime

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7438 CONGRESSIONAL RECORD — SENATE June 11, 2007 for which he should be impeached, and roughshod over the rule of law and of an effort to put partisans in charge has not made any error sufficient that damaged the United States in the eyes of U.S. attorney offices in key States. he should no longer remain as Attor- of the world. He refused to give detain- New Mexico, Washington, Arkansas ney General. The Attorney General’s ees the protections of the Geneva Con- and Nevada are all closely contested lack of experience in certain aspects of ventions, calling them ‘‘quaint.’’ He fa- States. Add those States to which the the Department of Justice were well cilitated the establishment of Guanta- Attorney General sent interim ap- known before he was confirmed by the namo and denied other basic legal pro- pointees from Washington in the past 2 Senate. In my personal view, there is tections to detainees. He approved an years—Florida, Missouri, Iowa and no Cabinet member that requires more interpretation of the law that was in- Minnesota—and the pattern is clear. personal experience and detailed consistent with international agree- Attorney General Gonzales, more than knowledge of the agency they will lead ments. He authorized the use of tor- any other Attorney General in mem- than the Attorney General. It is a very, ture, a step that led to the horrors of ory, has tried to turn the Department very tough job and the Attorney Gen- Abu Ghraib. At every turn, he pro- of Justice into an arm of a political eral must be able to personally handle moted an extreme view of the Presi- party. a large portfolio of issues and at the dent’s authority. Yet, when he came In addition, under his leadership, the same time have a comprehensive grasp before the committee seeking con- Department’s hiring procedures have of complex legal issues and legal prece- firmation, he assured us: ‘‘With the been corrupted by partisan officials dents involving the Department of Jus- consent of the Senate, I will no longer who rejected longstanding merit-based tice. For example, Attorney General represent only the White House; I will hiring procedures and placed political Janet Reno was constantly struggling represent the United States of America party loyalty ahead of legal merit in in the office. Before becoming the At- and its people. I understand the dif- hiring career attorneys. His Depart- ment of Justice has tried to obliterate torney General, she had simply been a ferences between the two roles.’’ the distinction between political ap- county district attorney and had never That assurance has proven hollow. On issue after issue, Mr. Gonzales has pointees and career civil servants. been involved in the kinds of issues she In his testimony before the Judiciary singlemindedly served the President’s faced as Attorney General. In the fu- Committee, Mr. Gonzales has repeat- agenda, without any respect for the ture, I expect to be far more assertive edly made false statements. He told us broader responsibilities of the Attor- in the confirmation process as I will in- the warrantless eavesdropping program ney General. He has continued to pro- sist that any Attorney General nomi- could not be conducted within the lim- nee have significant relevant experi- mote an extreme view of the Presi- its of The Foreign Intelligence Surveil- ence. dent’s power as Commander in Chief to lance Act. Then, on the eve of an ap- In conclusion, I conclude that there authorize warrantless eavesdropping in pearance before the committee, he told is not cause for any censure of Attor- violation of the law, secret detentions, us that the program now fits within ney General Gonzales and I conclude abuse of detainees, and violations of FISA. He told us that there had not that there is no basis whatsoever for the Geneva Conventions. He believes been significant disagreement over him to be impeached. that the President can issue signing that program, but we now know that as It has been 120 years since a no-con- statements that nullify duly enacted many as 30 members of the Justice De- fidence vote has been had on any Cabi- statutes whenever they might limit the partment were prepared to resign if an net member. That is something they do President’s discretion. As Attorney earlier version of the program pro- in Europe. It is not something we do in General, he has used the enormous ceeded unchanged. He stated that he the United States. This no-confidence power of his office to promote the had not seen memoranda or been in- resolution is not necessary, it is harm- agenda of the White House. volved in discussions about the U.S. at- ful to our system, and should not be a The current U.S. attorney scandal torney firings, but it was later revealed precedent in the future. Frankly, it is has revealed the devastating legacy of that he did both. He told us that only driven by politics and not by what is Mr. Gonzales’s tenure as Attorney Gen- eight U.S. attorneys had been targeted best for the Department of Justice be- eral. We now have a Department of for firing, but it turns out the list was cause this process will greatly magnify Justice that is wide open to partisan longer. He has said scores of times that any errors that he has made and create influence and has abandoned many of he does not recall key meetings and a false impression. Attorney General the basic principles that kept the De- events. With each misstatement and Gonzales is a good man who sincerely partment independent and assured the memory lapse, the Attorney General’s wants to meet the highest standards of American people that its decisions credibility has faded until there is the Department of Justice. were based on the rule of law. nothing left. The process in our government is As a result, the Department of Jus- In the years I have served in this that the President nominates for the tice is now embroiled in a scandal in- body, I have had the privilege to work position of Attorney General, and the volving the firing of U.S. attorneys, with many Attorneys General. The de- Senate votes to confirm them or not. under a process controlled by inexperi- fining quality of the outstanding occu- After that confirmation, unless he is enced, partisan staffers in consultation pants of that office—both Democrats subject to impeachment, it is not good with the White House. U.S. attorneys and Republicans—has been an under- policy for the Senate to rush in and ex- were targeted for firing because they standing that the law and the evidence press formal opinions about the Cabi- failed to serve the White House agenda. trump loyalty to a political party or a net officer and his or her performance. Karl Rove and the President passed president. Respect for the rule of law Therefore, I have, after considerable along to the Attorney General com- lies at the heart of our democracy. If thought, concluded this resolution is plaints that U.S. attorneys failed to our machinery of justice becomes just bad policy and precedent, and is un- pursue voter fraud. Over the past 5 another means to preserve and promote fairly damaging to the Department of years, the Department of Justice has the power of the party in office, we Justice. It is a political overreach and actually pushed hard to prosecute have corrupted our democracy. If the should not be passed. Therefore, I op- voter fraud, but among the hundreds of American people believe that partisan- pose the resolution. millions of votes cast in that period, it ship is driving law enforcement, our Mr. KENNEDY. Mr. President, when has managed to convict only 86 people system of justice cannot survive. Alberto Gonzales came before the Sen- nationwide. The pursuit of virtually We need a strong and credible Attor- ate as the President’s nominee for At- nonexistent voter fraud at the ballot ney General who believes deeply in our torney General, many of us were con- box is part of a Republican effort to system of justice as we undertake the cerned that he would not be able to dis- suppress the legitimate votes of minor- difficult and essential job of restoring tinguish between his past role as White ity, elderly, and disabled voters. Other the credibility of the Department of House Counsel and his new role as At- measures taken in this cynical scheme Justice. I urge my colleagues to sup- torney General. During his service as include photo ID laws and purges of port this resolution of no-confidence as counsel to the President, he had as- voter rolls. a first step in rebuilding the faith of sisted the President in promulgating a The conclusion is inescapable that the American people in the Depart- series of disastrous policies that ran the firings of U.S. attorneys were part ment of Justice.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7439 Mr. BYRD. Mr. President, 28 months rounding the U.S. attorneys, because torneys the legitimacy of such interro- ago, on February 3, 2005, I voted he was, in his words, ‘‘not involved in gation techniques. He was asked if, in against the confirmation of Alberto seeing any memos, was not involved in the meetings he attended, there was Gonzales to be the Attorney General of any discussions about what was going discussion of strapping detainees to the United States. Hallelujah, Amen! on,’’ and, he said, ‘‘that’s basically boards and holding them under water Eight days before that, I was one of 13 what I knew as the Attorney General.’’ as if to drown them. He testified that Senators who voted against the nomi- Mr. President, that is not an impres- there were such meetings, and while he nation of Condoleezza Rice to be the sive response. Even the Attorney Gen- did remember having had some ‘‘dis- U.S. Secretary of State. And, if the eral now says his comment was ‘‘too cussions’’ with Justice Department at- Senate had been permitted to vote on broad’’ and that he ‘‘misspoke.’’ He torneys, he simply could not recall the nomination of Paul Wolfowitz to now admits that he did have some in- what he told them in those meetings. head the World Bank, I would have volvement. But he said this only after He stated that, as White House coun- voted against that nomination, too. the Justice Department released e- sel, he might have attended those I am proud of my votes against con- mails and memoranda which showed meetings, but it was not his role but firmation of these failed architects of that he had, in fact, been involved in that of the Justice Department to de- the unconstitutional war in Iraq. Their discussions about the firings. termine which interrogation tech- flawed policies have cost our Nation He also claimed that he is not really niques were lawful. dearly. I shudder to contemplate the responsible, because, in his words, ‘‘in In other words, he was saying then, billions and even trillions of dollars an organization of 110,000 people,’’ he just as he is saying today: Don’t hold and the decades of effort that it will said, ‘‘I am not aware of every bit of in- me accountable! Don’t blame me if take to correct their extraordinary er- formation that passes through the mistakes were made! And, then, just rors in judgment. These are the same halls of justice, nor am I aware of all like today, he didn’t point the finger of administration officials, led by Alberto decisions.’’ Now that seems an odd as- blame at just one other victim. He Gonzales here at home, who have done sertion, considering that he is, in spread the blame around. While he ad- everything they can to abolish our Na- fact—if you will allow me to use the mitted he’d made some mistakes as tion’s carefully calibrated separation President’s terminology—the top ‘‘de- White House counsel, he attempted to of powers and to undermine Americans’ cider’’ at the U.S. Department of Jus- further deflect responsibility for his civil liberties. Based on ongoing errors tice. actions by saying that a number of in judgment and mistakes made on his When the Attorney General testified what he called other ‘‘operational watch, I remain convinced that my before the Senate Judiciary Committee agencies’’ also took responsibility for vote against Alberto Gonzales was in on April 19, 2007, he continued to argue making flawed decisions on prisoner the best interests of this country. that he was simply out of touch—an as- interrogation techniques. It is, therefore, not surprising that I sertion that has been disputed by the At his confirmation hearing, he said: am pleased to be an original cosponsor two employees he had charged with I have a recollection that we had some dis- of S.J. Res. 14. This resolution ex- filling the U.S. attorney positions with cussions in my office, but let me be very presses the sense of the Senate that At- party loyalists, D. Kyle Sampson and clear with the Committee. It is not my job to torney General Gonzales no longer Monica Goodling. decide which types of methods of obtaining holds the confidence of the Senate and On May 15, 2007, speaking before the information from terrorists would be the of the American people. Frankly, he National Press Club, Mr. Gonzales most effective. That job responsibility falls never held my confidence. Not from made yet another effort to shift the to folks within the agencies. It is also not day one, and I will tell you why that is blame for any wrongdoing. But this my job to make the ultimate decision about time he chose a new victim. He said, whether or not those methods would, in fact, so. meet the requirements of the anti-torture When President Bush nominated ‘‘You have to remember, at the end of statute. That would be the job for the agen- Alberto Gonzales to be the U.S. Attor- the day, the recommendations [to fire cies . . . I viewed it as their responsibility to ney General, the President stated that the U.S. Attorneys] reflected the views make a decision as to whether or not a pro- Mr. Gonzales, as White House counsel, of the deputy attorney general,’’ mean- cedure or method would, in fact, be lawful. had a ‘‘sharp intellect,’’ and that it was ing Paul McNulty. But the Associated Whether on the issue of torture or of White House counsel’s ‘‘sound judg- Press reported immediately thereafter firing U.S. attorneys, when it comes to ment’’ that had, in the President’s that documents released from the Jus- Alberto Gonzales taking responsibility words, ‘‘helped shape our policies in tice Department showed that McNulty for his actions—as Yogi Berra would the war on terror.’’ was not closely involved in picking all say—it’s deja vu all over again. One Sharp intellect and sound judgment? of the U.S. attorneys who were put on wishes that Judge Gonzales could tell I have heard of damning with faint the list. Instead, it was a job mostly us, just once, what his job is, rather praise, but applying those words to driven by the Attorney General’s own, than always telling us only what it is someone who has had a major role in two hand-picked subordinates, Samp- not. the reckless and incompetent way in son and Goodling. Article II, section 3 of the United which this administration has waged I would invite those who believe that States Constitution, as head of the Ex- its so-called war on terror is hardly a Alberto Gonzales did not know what ecutive Branch, the President has a compliment. was happening in his own Department legal duty to take care that the laws be But don’t expect Alberto Gonzales to to join me on a quick trip down mem- faithfully executed. The Constitution take responsibility for what happened ory lane. Let me recount a section of does not say that the President or his on his watch. Throughout his time in the speech that I delivered on the Sen- officers ‘‘should’’ or ‘‘may’’ undertake this administration, whenever Mr. ate floor just prior to voting against that responsibility: it clearly states Gonzales has been questioned about his confirmation to be Attorney Gen- that the President ‘‘shall take Care what he knows about improper con- eral. I reminded my colleagues at that that the Laws be faithfully executed.’’ duct, his standard and repetitive re- time that Judge Gonzales had admitted The President and his Chief Law En- sponse, in the words of the fictional being physically present at meetings in forcement Officer at the Justice De- Sergeant Schultz is simply: ‘‘I know his office to determine which acts partment must be held accountable not nothing.’’ When questioned about who against enemy combatants should be only when they fail to faithfully exe- made the decision to fire U.S. attor- outlawed as torture. cute the law, but also when they or neys for what appear to be purely polit- But at his confirmation hearing, he their subordinates attempt to under- ical reasons, he implausibly states that disavowed having any role in the ad- mine, ignore, or gut the law. while he signed off on the decision, he ministration’s initial decision to define The Attorney General has a credi- was not really responsible because he torture extremely narrowly. On Janu- bility problem, and the American peo- was out of the loop. ary 6, 2005, he was asked by a member ple know it. Despite his assertions to At a press conference on March 13, of the Judiciary Committee whether he the contrary, he continues to con- Attorney General Gonzales stated that had ever chaired a meeting in which he tribute in large measure to the flawed he knew nothing of the scandal sur- discussed with Justice Department at- policies and decision making that have

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7440 CONGRESSIONAL RECORD — SENATE June 11, 2007 flowed from this administration over mittee, for standing up for what is ator WHITEHOUSE. He laid it out. He has the past seven years. For all of these right. That is what he is doing. a feeling of what the Justice Depart- reasons, I urge my colleagues to sup- The Senate has a responsibility to ment is all about. He spoke from his port S.J. Res. 14. express its displeasure with a Cabinet heart. The Department of Justice’s The PRESIDING OFFICER. The ma- officer who has grossly mismanaged his credibility is shredded. Its morale is at jority leader is recognized. responsibilities and failed the Amer- an all-time low, and the blame for that Mr. REID. Madam President, I rise in ican people in the process. This is the tragic deterioration lies squarely on support of S.J. Res. 14, a resolution ex- one and only mechanism we have, the shoulders of two people: the Presi- pressing the sense of the Senate that short of impeachment, to address mal- dent of the United States and the At- Attorney General Gonzales has lost the feasance of a high-ranking Federal offi- torney General of the United States, confidence of Congress and the Amer- cial. Alberto Gonzales. ican people. This is a sense-of-the-Sen- Along with the Department of De- We are here today to discuss Alberto ate resolution. fense and State, the Department of Gonzales. Over the past 6 months, con- Now, Madam President, let me ini- Justice is the most important Cabinet gressional oversight has revealed the tially say that I was doing other things agency we have. The Attorney General many ways the crass political calcula- and was unable to listen to the re- is responsible for enforcing Federal tions in that White House have per- marks of some of my Republican col- law, protecting civil rights, and, most vaded the personnel and prosecutorial leagues. I apologize for that. I have had importantly, ensuring fidelity to the decisions of the Bush-Gonzales Justice a briefing as to what they said. They Constitution of the United States. Department. Remember, for 4 years, have chosen to impugn the motives of Madam President, in my young days this was a big rubberstamp, this thing the sponsor of this resolution, the sen- as a lawyer and public official in Ne- called Congress. ior Senator from New York, Mr. SCHU- vada, during the 1960s, I saw the crit- The careers of many fine men and MER. I work very closely with this man. ical role the Justice Department can women, lawyers, have been destroyed. I have worked in government most all play in what is going on in a State. In One of those is a man from Nevada by of my adult life. Rarely have I seen those days—the early sixties—a person the name of Daniel Bogden, a career anybody—in fact, I have never seen of color, a Black man or woman, could prosecutor. He worked his way up as a anyone with the intellectual capacity not work in a Strip hotel and could not line prosecutor in Washoe County, of CHUCK SCHUMER from New York and work in downtown hotels. They weren’t Reno, NV, and became an assistant his ability to understand what is going there unless they were a porter, a jan- U.S. attorney. He—I have spoken with on in the State of New York and in our itor—someplace where they could not him—wanted to spend his life being a country. Any suggestions that were be seen. Thousands of people, Black prosecutor, going after people who vio- made to impugn his integrity are un- and White, protested that discrimina- late the law. That is over with. Once warranted, out of line, and unfair. tion, but it didn’t matter until the Jus- you are removed from being a U.S. at- Senator SCHUMER is a member of the tice Department stepped in. They torney, you can no longer work as a Judiciary Committee. He is a lawyer. stepped in and forced it. There was a deputy U.S. attorney. As a member of that Judiciary Com- consent decree entered into between He, I repeat, was a career prosecutor. mittee and as a lawyer who cares deep- the State of Nevada—I was there. I was When my Republican friend and col- ly about the rule of law and the reputa- Lieutenant Governor, and I helped ne- league, JOHN ENSIGN, recommended tion of the Justice Department, he had gotiate that along with Governor him to be U.S. attorney for Nevada, he an obligation to do what he did. There O’Callaghan and the attorney assigned reached what he thought was the pin- are others who joined with him. Sen- to do that. We worked on that for nacle of his career. Oh, was he mis- ator FEINSTEIN was out front on this weeks and weeks. But for the Justice taken. He has been humiliated, embar- issue with Senator SCHUMER, as were Department, that integration of those rassed, denigrated by this Justice De- others. The chairman of the com- large hotels in Nevada would have partment for no reason. He worked mittee, Senator LEAHY, has been with taken place much later. That is what hard. No one questioned his work ethic. them every step of the way. the Justice Department is all about. My son was a deputy U.S. attorney In my opinion, his work in this inves- Major civil rights battles in Las Vegas with Daniel Bogden. They worked to- tigation has been commendable. over integrating the strip would never gether. A fine lawyer is Daniel Bogden. Mr. LEAHY. Will the majority leader have been determined in favor of the He worked hard as our U.S. attorney to yield for a comment? people of color but for the Justice De- protect Nevadans from crimes, drugs Mr. REID. Yes, I am happy to. partment. and white-collar crimes and earned a Mr. LEAHY. Madam President, I tell You see, the Justice Department is wide respect from law enforcement the leader and the senior Senator from color blind, and that is the way it is agencies throughout the State. New York, I know he has worked hard supposed to be. It wasn’t a Democratic I repeat, he was fired. To this day, no on this. Nobody has had more road- Department of Justice or Republican satisfactory explanation has been pro- blocks thrown in front of him than the Department of Justice. It was an vided to Dan Bogden and the people of Senator from New York. He has asked American, a U.S. Department of Jus- Nevada. legitimate questions. Many times, his tice. Its lawyers were fighting for the In light of this evidence, we learned legitimate questions were not answered most American ideal—the right of all that other U.S. attorneys had been by the Department of Justice. They re- Americans to participate in our democ- fired at the same time because they fused to answer. We had to actually racy. failed to pursue partisan political subpoena them to get answers that What a proud history this is. What a cases. So without any question, there should have been sent to him by return source of pride it is for our country is every reason to believe Dan Bogden courier. He has acted in the best sense what the Justice Department in dec- suffered the same fate. He was fired for of oversight. He has done what one ades past has done. But today under administering justice in Nevada in an should do in oversight. He should not this President, President Bush, and evenhanded, nonpolitical way, as he be criticized for that. under this Attorney General, Alberto thought as a prosecutor he was sup- Maybe those who do the criticizing Gonzales, the Department of Justice posed to do. should ask why they allowed a has lost its way. I can remember as a young lawyer, I rubberstamp Senate under their watch Now the Justice Department is just had a part-time job as a city attorney to continue for 6 years, with conduct another arm of the Karl Rove political in Henderson, NV. It is now the second that certainly borders on the criminal machine, where partisanship earns pa- largest city in the State. It wasn’t and certainly reflects the unethical go- tronage and independence earns con- then. I prosecuted criminal cases. I ings-on at the Department of Justice, tempt. came back to my law firm and I was and they didn’t say one word about it. Today’s Justice Department is dys- bragging. That is the wrong word. I was Mr. REID. Madam President, I appre- functional. I so appreciate the state- saying: Man, that case, I can’t imagine ciate very much the Senator from ment made by the former attorney gen- why that judge did that. That wasn’t a Vermont, the chairman of our com- eral of the State of Rhode Island, Sen- very good case at all. One of the people

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 11, 2007 CONGRESSIONAL RECORD — SENATE S7441 I worked with said: HARRY, that is not law schools in America, the name of proceed to S.J. Res. 14, a joint resolu- your responsibility. which is ‘‘Drop by Drop: Forgetting the tion expressing the sense of the Senate I will use leader time now. History of Water Torture in U.S. that Attorney General Alberto The PRESIDING OFFICER. Without Courts.’’ This is an article written by Gonzales no longer holds the con- objection, it is so ordered. Judge Evan Wallach, one of the fore- fidence of the Senate and of the Amer- Mr. REID. Madam President, he said: most experts in the world on the law of ican people, shall be brought to a Your job is not to convict people. It is the war. I am only going to read the close? The yeas and nays are manda- to do the right thing for the people of last paragraph of this article. He goes tory under the rule. The clerk will call the State of Nevada, the city of Hen- into some detail in the article, talking the roll. derson, NV. about how this Attorney General’s of- The legislative clerk called the roll. That is a lesson somebody should fice, this White House counsel, this ad- have given Alberto Gonzales before he ministration has allowed torture to be Mr. STEVENS (when his name was took the job as Attorney General. Dan part of what Americans do with detain- called). Present. Bogden was fired for doing his job ex- ees and others. Mr. DURBIN. I announce that the actly the way it is supposed to be done. Here is what Judge Wallach said: Senator from Delaware (Mr. BIDEN), When he testified before the Senate If we remember what we said and did when the Senator from Connecticut (Mr. Judiciary Committee, Attorney Gen- our military personnel were victims, if we DODD), the Senator from South Dakota eral Gonzales couldn’t even say why remember our response when they were per- (Mr. JOHNSON), and the Senator from Bogden was included on the list to be petrators, how can our government possibly Illinois (Mr. OBAMA) are necessarily ab- opine that the use of water torture is within sent. fired. Think about that: A man’s career the bounds of law? To do so is beneath con- ruined, and the man who fired him or tempt; it is beyond redemption; and it is a I further announce that, if present had him fired didn’t even know why he repudiation of the rule of law that in our ori- and voting, the Senator from Delaware was fired. gins was the core principle of governance (Mr. BIDEN) would vote ‘‘yea.’’ His lack of memory was astounding. which distinguished our nation from the crowned dictatorships of the European con- Mr. LOTT. The following Senators He couldn’t recall basic facts, even are necessarily absent: the Senator meetings with the President. Writing tinent. from Kansas (Mr. BROWNBACK), the in the New York Times, Professor That is the legacy of this administra- tion and this Attorney General, that Senator from Oklahoma (Mr. COBURN), Frank Bowman, a former Federal pros- and the Senator from Arizona (Mr. ecutor, said, talking about Gonzales: law review articles are being written to MCCAIN). The truth is almost surely that Mr. talk about how awful this Attorney Gonzales’s forgetfulness is feigned—a cal- General is and what he has allowed to The PRESIDING OFFICER (Mr. culated ploy to block legitimate congres- happen. SANDERS). Are there any other Sen- sional inquiry into questionable decisions To do so is beneath contempt; it is beyond ators in the Chamber desiring to vote? made by the Department of Justice, White redemption; and it is a repudiation of the The yeas and nays resulted—yeas 53, House officials, and, quite possibly, the rule of law that in our origins was the core nays 38, as follows: President himself. principle of governance which distinguished If Albert Gonzales was not truthful our nation from the crowned dictatorships of [Rollcall Vote No. 207 Leg.] the European continent. with the Congress, he deserves to be YEAS—53 fired—not Bogden but Gonzales. Alberto Gonzales is profoundly un- worthy to hold one of the highest and Akaka Feinstein Nelson (NE) On the other hand, if the Attorney Baucus Hagel Pryor General was not involved in the deci- most important offices of our great Bayh Harkin Reed sion to fire Bogden and others, he is country. I urge my colleagues to sup- Bingaman Inouye Reid port this resolution reflecting the facts Boxer Kennedy Rockefeller guilty of gross negligence and deserves before us. I urge Attorney General Brown Kerry Salazar to be fired. He turned over the awe- Byrd Klobuchar Gonzales to resign his office, to give Sanders some power of his office to a handful of Cantwell Kohl Schumer Cardin Landrieu the Department of Justice a chance it Smith young, inexperienced ideologues and Carper Lautenberg needs to recover from his catastrophic Snowe allowed them to carry out a political Casey Leahy tenure. If he does not, I urge President Specter campaign from the once-hallowed halls Clinton Levin Bush to finally remove him. Coleman Lincoln Stabenow of the Justice Department. The PRESIDING OFFICER. All time Collins McCaskill Sununu But the Attorney General’s misdeeds Tester has expired. Conrad Menendez Dorgan Mikulski Webb extend well beyond politically driven Mr. REID. Have the yeas and nays personnel decisions. As White House Durbin Murray Whitehouse been ordered? Feingold Nelson (FL) Wyden counsel, he presided over the develop- The PRESIDING OFFICER. The yeas ment of antiterror tactics that have and nays are mandatory. NAYS—38 undermined the rule of law and made CLOTURE MOTION Alexander Dole Lott Americans less safe. We know now Under the previous order, pursuant to Allard Domenici Lugar from former Deputy Attorney General Bennett Ensign Martinez rule XXII, the Chair lays before the Bond Enzi Jim Comey the Attorney General tried McConnell Senate the pending cloture motion, Bunning Graham Murkowski to take advantage of John Ashcroft’s which the clerk will report. Burr Grassley Roberts serious illness—was sick in a hospital The legislative clerk read as follows: Chambliss Gregg Sessions Cochran Hatch Shelby bed—to obtain Justice Department ap- CLOTURE MOTION Corker Hutchison Thune proval for an illegal surveillance pro- Cornyn Inhofe We, the undersigned Senators, in accord- Vitter Craig Isakson gram. He took papers there for him to ance with the provisions of rule XXII of the Voinovich sign. Standing Rules of the Senate, hereby move Crapo Kyl DeMint Lieberman Warner Time and time again, Alberto to bring to a close debate on the motion to Gonzales has proven beyond a doubt his proceed to Calendar No. 179, S.J. Res. 14, re- ANSWERED ‘‘PRESENT’’—1 lating to Attorney General Alberto Gonzales. utter lack of judgment and independ- Stevens ence is foremost in his mind. Whether Harry Reid, Richard J. Durbin, Kent Con- rad, Bernard Sanders, Jeff Bingaman, NOT VOTING—7 it is tortured reasoning allowing tor- Dan Inouye, Jon Tester, S. Whitehouse, Biden Dodd Obama ture or his support of domestic surveil- Debbie Stabenow, Byron L. Dorgan, lance, firing unfairly U.S. attorneys, Brownback Johnson Amy Klobuchar, Sherrod Brown, Carl Coburn McCain hiring immigration judges based on Levin, Chuck Schumer, Barbara Boxer, their political affiliation—there is a Jack Reed, H.R. Clinton. The PRESIDING OFFICER. On this long list. But let’s talk about his being The PRESIDING OFFICER. By unan- vote, the yeas are 53, the nays 38, and one of the masters of torture in our imous consent, the mandatory quorum one Senator responded ‘‘present.’’ country. call has been waived. Three-fifths of the Senators duly cho- I have a law review article from Co- The question is, Is it the sense of the sen and sworn not having voted in the lumbia Law Journal, one of the finest Senate that debate on the motion to affirmative, the motion is rejected.

VerDate Mar 15 2010 21:51 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11JN7.REC S11JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7442 CONGRESSIONAL RECORD — SENATE June 11, 2007 CREATING LONG-TERM ENERGY Durbin Lautenberg Salazar We also worked to safeguard our con- ALTERNATIVES FOR THE NA- Ensign Leahy Sanders stituents’ livelihoods—establishing the Enzi Levin Schumer TION ACT OF 2007—MOTION TO Feingold Lieberman Sessions wool trust fund, keeping open global PROCEED—Continued Feinstein Lincoln Shelby beef markets, and making sure that Graham Lott Smith our trading partners played by the CLOTURE MOTION Grassley Lugar Snowe rules. The PRESIDING OFFICER. Under Gregg Martinez Specter Hagel McCaskill We worked together to safeguard our Stabenow the previous order, pursuant to rule Harkin McConnell Stevens natural resources, improve rural en- XXII, the Chair lays before the Senate Hatch Menendez ergy infrastructure, and plan for a sus- the pending cloture motion. The clerk Hutchison Mikulski Sununu Tester tainable energy future with clean coal will report the motion to invoke clo- Inhofe Murkowski Inouye Murray Thune technologies. ture. Isakson Nelson (FL) Vitter These and many other accomplish- Voinovich The legislative clerk read as follows: Kennedy Nelson (NE) ments will be Senator Thomas’s leg- Kerry Pryor Warner CLOTURE MOTION Klobuchar Reed Webb acy. It is a legacy for which he deserves We, the undersigned Senators, in ac- Kohl Reid Whitehouse recognition, remembrance, and honor. cordance with the provisions of rule Kyl Roberts Wyden It is a legacy for which our Nation is XXII of the Standing Rules of the Sen- Landrieu Rockefeller grateful. ate, hereby move to bring to a close de- NOT VOTING—8 But many will remember Senator bate on the motion to proceed to Cal- Bayh Coburn McCain Thomas more for who he was than for endar No. 9, H.R. 6, Comprehensive En- Biden Dodd Obama what he did. They will remember some- ergy legislation. Brownback Johnson one with a quick wit, an easy smile, Jeff Bingaman, Dick Durbin, S. White- The PRESIDING OFFICER. On this and a generous helping hand. house, Blanche L. Lincoln, Jon Tester, vote, the yeas are 91, the nays are zero. I will remember Senator Thomas as I Robert P. Casey, Jr., Patty Murray, Three-fifths of the Senators duly cho- met him when he first joined the Sen- Daniel K. Akaka, Jack Reed, Mary sen and sworn having voted in the af- ate in 1989. Back then, I recognized in Landrieu, Max Baucus, Mark Pryor, firmative, the motion is agreed to. him something very familiar. Senator Ron Wyden, Joe Biden, Pat Leahy, Claire McCaskill, Amy Klobuchar, Ken Ms. KLOBUCHAR. Mr. President, I Thomas was a man of the American Salazar. suggest the absence of a quorum. West. He embodied the values and the The PRESIDING OFFICER. The The PRESIDING OFFICER. By unan- character of the people whom he rep- clerk will call the roll. imous consent, the mandatory quorum resented. The assistant legislative clerk pro- You always knew where Senator call has been waived. ceeded to call the roll. Thomas stood. Like many in the West, The question is, Is it the sense of the Mr. KENNEDY. Mr. President, I ask Senator Thomas was quiet, unassum- Senate that debate on the motion to unanimous consent that the order for ing, and unpretentious—but he was proceed to H.R. 6, an act to reduce our the quorum call be rescinded. never intimidated. Nation’s dependency on foreign oil by The PRESIDING OFFICER. Without He was gentle and decent. When he investing in clean, renewable, and al- objection, it is so ordered. gave you his word, he kept it. And as ternative energy resources, promoting f we all saw in these final months of his new emerging energy technologies, de- life, when he had to, he could fight like veloping greater efficiency, and cre- MORNING BUSINESS hell. ating a Strategic Energy Efficiency Mr. KENNEDY. Mr. President, I ask That is the man I will miss and it is and Renewables Reserve to invest in al- unanimous consent that there now be a the man I wish to recognize today—an ternative energy, and for other pur- period of morning business with Sen- honorable Senator and a great man of poses, shall be brought to a close? ators permitted to speak therein for up the American West. The yeas and nays are mandatory to 10 minutes each. Mr. DOMENICI. Mr. President, this under the rule. The PRESIDING OFFICER. Without last Saturday, I traveled with my wife The clerk will call the roll. objection, it is so ordered. Nancy and many of our colleagues in The assistant legislative clerk called the Senate to Casper, WY, for the fu- f the roll. neral service of my friend Senator Mr. DURBIN. I announce that the REMEMBERING SENATOR CRAIG Craig Thomas. Senator from Indiana (Mr. BAYH), the THOMAS During the service I was particularly Senator from Delaware (Mr. BIDEN), Mr. BAUCUS. Mr. President, I honor impressed by the words of Minority the Senator from Connecticut (Mr. a colleague, a friend, and a great Sen- Leader MCCONNELL and I would like to DODD), the Senator from South Dakota ator, Senator Craig Thomas. thank him for so eloquently eulogizing (Mr. JOHNSON), and the Senator from No words that I can speak will ease Senator Thomas. So appropriately did Illinois (Mr. OBAMA) are necessarily ab- the sadness of this loss. Nothing my his words honor Senator Thomas that I sent. colleagues and I say can fill the empti- hope all our colleges in the Senate will Mr. LOTT. The following Senators ness that his passing has left or lessen take the time to read them. are necessarily absent: the Senator the pain that so many feel. I ask unanimous consent that this from Kansas (Mr. BROWNBACK), the I feel compelled to speak of Senator transcript of Senator MCCONNELL’s Senator from Oklahoma (Mr. COBURN), Thomas not for the effect of my words. comments be printed in the RECORD. and the Senator from Arizona (Mr. Instead, I speak to recognize the effect There being no objection, the mate- MCCAIN). of his words, his actions, and his serv- rial was ordered to be printed in the The PRESIDING OFFICER. Are there ice. RECORD, as follows: any other Senators in the Chamber de- His were words, actions, and service SERVICE IN HONOR OF CRAIG THOMAS, JUNE 9, siring to vote? that have improved the lives and fu- 2007 The yeas and nays resulted—yeas 91, tures of Americans. His words and ac- Reverend [Moore], Susan, Lexie, Patrick, nays 0, as follows: Greg, Peter; distinguished guests, colleagues tions will leave a legacy long after our and friends of Craig Lyle Thomas. [Rollcall Vote No. 208 Leg.] sadness passes. There are people that we can’t ever imag- YEAS—91 Senator Thomas represented Wyo- ine dying because they’re so alive, and there Akaka Burr Collins ming effectively and with dignity. I are people we can’t imagine dying because Alexander Byrd Conrad was proud to work with him. they seem so healthy and so strong. Craig Allard Cantwell Corker Thomas’s death is doubly hard because he Baucus Cardin Cornyn We both loved the open beautiful spaces of our home States, and we was both of these people. But death has done Bennett Carper Craig its work, and so we come back to the place Bingaman Casey Crapo worked to keep them clean, safe, and that he was always so eager to return to, to Bond Chambliss DeMint sustainable. We collaborated to im- Boxer Clinton Dole accompany him on one last trip back. Brown Cochran Domenici prove the Endangered Species Act and It was here that he first heard his calling Bunning Coleman Dorgan the Safe Drinking Water Act. to serve in public life, and here that he first

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