Congressional Record—Senate S12900
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S12900 CONGRESSIONAL RECORD Ð SENATE October 21, 1998 favorable consideration for the appointment My eager craft through footless halls of air. moved by their testimony, by the per- of Judge Richard Paez to serve on the Ninth Up, up the long, delirious, burning blue sonal accounts of their experiences in Circuit Court of Appeals. Based on a review I've topped the windswept heights with easy Haiti, and the brutality that they fled. of his past judicial experience and integrity, grace I had the opportunity to meet others I believe that Judge Paez has both the capac- Where never lark, or even eagle flew in this category on my trips to Haiti, ity and desire to continue to do an outstand- And, while with silent, lifting mind I've trod ing job. The high untrespassed sanctity of space, and my visits to Guantanamo Bay, Your consideration in this matter is great- Put out my hand, and touched the face of Cuba. Even in these harsh conditions, ly appreciated. God. the spirit and determination of these Sincerely, By Pilot Officer John Gillispie Magee, Jr. brave individuals was remarkable, PETE BRODIE, No 412 Squadron, RCAF (1922±1941) struggling to liberate themselves and President, ALADS. ``High Flight'', a poem by John Gil- their families from persecution and lespie Magee, Jr. An American/British brutality. They are following in the DEPARTMENT OF tradition of fighters for freedom and CALIFORNIA HIGHWAY PATROL, fighter pilot. He flew with the Royal Canadian Air Force in World War II. He justice worldwide. Sacramento, CA, April 15, 1998. Our nation has, since its foundation, Hon. ORRIN G. HATCH, came to Britain, flew in a Spitfire Chairman, Committee on the Judiciary, U.S. squadron, and was killed at age 19 on served as a refuge of those seeking jus- Senate, Washington, DC. December 11, 1941, during a training tice and safety. The evolution of our DEAR SENATOR HATCH: I understand that flight from the airfield near Scopwick, country's current refugee policy is in President Clinton has nominated Judge Lincolnshire. The poem was written on many ways to ensure that we avoid sit- Richard A. Paez to serve on the United uations, such as the one that devel- the back of a letter to his parents States Court of Appeals for the Ninth Dis- oped, close to my home state, in the which stated, ``I am enclosing a verse I trict. time leading up to World War II. The wrote the other day. It started at 30,000 Judge Paez' long and distinguished judicial vessel St. Louis moored within sight of feet, and was finished soon after I land- career began with his appointment to the the city of Miami for several days, Los Angeles Municipal Court in 1981. He ed.'' · filled with passengers of the Jewish served as Presiding and Supervising Judge in f that court and as a judge in the Los Angeles faith, fleeing the violence in Europe. Superior Court and California Court of Ap- HAITIAN REFUGEE IMMIGRATION Our country refused them safety. The peal. In 1994, President Clinton nominated FAIRNESS ACT passengers returned to Europe, many him to the United States Central District · Mr. GRAHAM. Mr. President, be- of them to their certain death. Court where he has served with distinction. cause of a tremendous bipartisan ef- Since then, beginning with specific Judge Paez' education, experience and de- refugee legislation in the decades after fort, and the support of many of our sire to serve make him extremely well-quali- the war and developing into the Refu- nation's local community leaders, a fied to serve on the Ninth Circuit Court of gee Act of 1980, the United States of step toward justice and fairness for Appeals. His character and integrity are im- America has offered freedom and sanc- peccable. I recommend that his appointment Haitian refugees will be taken by this tuary to those fleeing persecution, bru- receive favorable consideration. Congress. Sincerely, The effort began on November 11, tality, and human rights abuses. The bipartisan effort that led to the D.O. HELMICK, 1997, and will culminate in the passage passage of the Haitian Immigration Commissioner.· of this omnibus budget bill. Fairness Act ensures that we maintain f My colleagues, both in the Senate this valued tradition in the United and the House deserve many thanks: TRIBUTE TO LIEUTENANT States. We will treat Haitian national Senator CONNIE MACK, Senator KEN- GENERAL DAVE MCCLOUD refugees in the same manner as we NEDY, Senator ABRAHAM, Representa- have treated similarly situated individ- · Mr. KEMPTHORNE. Mr. President, I tives MEEK, CONYERS, DIAZ-BALART and uals over the last decades. rise today to offer a tribute to Air ROS-LEHTINEN. The support of the Force Lieutenant General Dave J. In relation to one aspect of the legis- White House was instrumental in lation, I wanted to clarify the intent of McCloud who died in a tragic plane reaching the final agreement to in- crash on July 26, 1998 in Alaska. Dave the section dealing with stays of depor- clude this legislation in the omnibus tation. The intent of this legislation is McCloud was an outstanding officer, appropriations bill. In both chambers, husband and father. The nation and the that the INS would not seek to remove with both parties, the Haitian Refugee a qualified spouse or the child of a Air Force lost one of its finest military Immigration Fairness Act gained the leaders when Dave McCloud passed qualified alien who has applied for re- support needed for passage. lief under this legislation, and received away. General McCloud was an ener- In so many instances, this legislation getic, sincere and honest man who I a stay of deportation or removal. meant life or death for the refugees Again, many of my colleagues in the considered a true friend. Like many who came here seeking safety from Senate and the House deserve thanks others, I mourn Dave's passing every persecution. In the field hearing, held for their tremendous support on this day. in Miami last December, Amnesty effort. It will make a difference in the I know Dave's wife Anna misses her International stated unequivocally lives of many individuals who are a partner and I know his son and daugh- that the safety of refugees who were part of our vibrant South Florida com- ter, Robyn, miss their father. I offer deported to Haiti could not be guaran- munity. They will no longer be in im- my deepest condolences to all of Dave's teed. migration limbo, and can continue to family and friends. I was so appreciative, not only of the build their part of the American As a final tribute to fighter pilot bipartisan support that this legislation dream.· Dave McCloud, I offer the following received, but of support that crossed f poem, ``High Flight,'' which epitomizes national lines as well. From the begin- my friend in so many ways. ning, the Hispanic community: SERBIAN CRACKDOWN ON HIGH FLIGHT Fraternidad Nicauaguense, the Bloque INDEPENDENT MEDIA (By John Gillispie Magee, Jr.) de Apoyo a la Unidad Nicaraguense, · Mr. D'AMATO. Mr. President, I rise Oh, I have slipped the surly bonds of earth Unidad Hondurena, the Cuban-Amer- today to call to my colleagues' atten- And danced the skies on laughter-silvered ican community, and others have tion an ominous and entirely predict- wings; joined together to help their Haitian able developmentÐSlobodan Milosevic Sunward I've climbed, and joined the tum- brethren achieve immigration fairness. is closing the independent media in bling mirth The measure of this legislation's im- Serbia. He is following the time-worn Of sun-split cloudsÐand done a hundred pact can best be seen through the eyes practice of dictators by trying to con- things of those individuals who were most im- You have not dreamed ofÐwheeled and trol Serbians' thinkingÐand therefore soared and swung pacted by the previous state of affairs. their politicsÐby controlling their ac- High in the sunlit silence, Hov'ring there, I had the opportunity, the pleasure, to cess to information. I've chased the shouting wind along, and meet many of them at our hearing in The Senate and House have declared flung Miami. Every audience member was that we have reason to believe that October 21, 1998 CONGRESSIONAL RECORD Ð SENATE S12901 Milosevic has committed war crimes, Mr. President, while we cannot save requirements of the international commu- crimes against humanity and genocide. the independent media in Serbia from nity. And he will be making very clear that While offenses like denying freedom of Milosevic's wrath, we must let them NATO will use military force against the speech, assembly, and the press to his Serbs if he [Milosevic] doesn't comply,'' know that we care, that we have not Rubin said. people don't rise to that capital crimi- forgotten them, that we support them, U.S. and NATO officials have complained nal level, they further demonstrate his and that we understand that a demo- that Milosevic still has not withdrawn all fine disdain for the rules and values of cratic Serbia open to the West and the the special police units sent to Kosovo in the rest of the world, and his iron de- world is the solution to lasting peace February when he launched his crackdown termination to hold power at all costs. in the Balkans. I also want to express against ethnic Albanian separatists of the Kosovo Liberation Army. We are treated to the spectacle of my support for our efforts to sustain Milosevic's killers conducting ethnic The guerrillas have been fighting for inde- Serbian-language broadcasting into pendence for Kosovo, a province of Yugo- cleansing in Kosovo while he and his Serbia, which is even more important slavia's main republic of Serbia.