November 8, 2011 CONGRESSIONAL RECORD — SENATE S7171 For years now, young people will The PRESIDING OFFICER. Without unanimously. Judge Jordan’s nomina- hear over and over that old cliche objection, it is so ordered. tion is approaching 1 month on the about refusing to quit. You can never Mr. LEAHY. Mr. President, I thank Senate Executive Calendar despite his give up. And I have to tell you the the majority leader for pressing for- being a consensus nominee supported truth, it is a cliche I have used with ward to secure a vote on another of the by both his Democratic and Republican my kids when they were moping 25 judicial nominees ready for Senate home State Senators. Also pending is around and grumbling: Oh my life is consideration. I am disappointed that the nomination of horrible. You say to them: You can’t the Senate Republican leadership to fill a vacancy on the Fourth Circuit. quit. You can’t give up. Well, this team would only agree to vote on 1 of the 25 All of these consensus circuit court is going to allow parents in St. Louis judicial nominees ready and waiting nominations should be considered and and beyond for many years to say: See. for final Senate action. All 25 of the approved without further delay. In ad- See what happens when you don’t give nominees are qualified and have the dition, the Senate should give consider- up. See what happens when you refuse support of their home state Senators, ation to Caitlin Halligan’s nomination. to quit. You can win a championship if Republican and Democratic. Twenty- Her nomination to the DC Circuit was you just refuse to die. And that is ex- one of these judicial nominations were approved by the committee in March. actly what our Cardinals did. unanimously approved by the Judici- Judge Wallach is only the seventh of On behalf of Cardinal Nation and ary Committee. Senate Democrats are President Obama’s circuit court nomi- thousands of people around this coun- prepared to have votes on all these im- nations the Senate has considered this try who were proud of what St. Louis portant nominations. I know of no year, compared to 12 at this point in represented—a fall classic with our good reason why the Republican lead- President Bush’s third year. We are not classic Cardinals bringing home the ership is refusing to proceed on 24 of doing nearly as well despite five addi- victory for a city that loves them—God the 25 nominations stalled before the tional circuit court nominations on the bless them all. And God bless the fans Senate. At a time when the vacancy Senate Calendar awaiting a vote. By who understand it is okay to cheer for rate on Federal courts throughout the this point in the third year of Presi- a sac fly, who understand baseball bet- country remains near 10 percent, the dent Bush’s administration, the Senate ter than most fans around the country. delay in taking up and confirming had confirmed 29 of his circuit court They will now wait anxiously for these consensus judicial nominees is nominees. By comparison, the Senate spring training so we can begin once inexcusable. has confirmed only 22 of President again our love affair with the St. Louis I know that Senator REID is espe- Obama’s circuit court nominees. By Cardinals. cially pleased that the Senate has the this point in the Bush administration, Mr. President, I yield the floor, and I opportunity for a final vote on the vacancies had been reduced to 42. By suggest the absence of a quorum. nomination of Judge Evan Wallach to comparison, today they stand at 83. By The PRESIDING OFFICER. The fill a vacancy on the Federal Circuit. this point in President Bush’s first 3 clerk will call the roll. Judge Wallach is an experienced jurist years, the Senate had confirmed 167 of The assistant editor of the Daily Di- with a distinguished record who has his Federal circuit and district court gest proceeded to call the roll. been serving on the U.S. Court of Inter- nominees. So far in the 3 years of the The PRESIDING OFFICER. The Sen- national Trade. He received the highest Obama administration, that total is ator from Maine. possible rating from the American Bar only 115. Ms. SNOWE. Mr. President, I ask Association’s Standing Committee on During President Bush’s first 4 years, unanimous consent that the order for the Federal Judiciary, unanimously the Senate confirmed a total of 205 the quorum call be rescinded. ‘‘well qualified.’’ Federal circuit and district court The PRESIDING OFFICER. Without I am delighted that Judge Wallach’s judges. As of today, we would need an- objection, it is so ordered. nomination has not been delayed as other 90 confirmations over the next 12 long as others. This nomination was re- f months to match that total. That ported by the Judiciary Committee on means a faster confirmation rate for EXECUTIVE SESSION October 6. There is no good reason why the next 12 months than in any 12 all judicial nominations are not consid- months of the Obama administration ered within a month of being reported, to date. That would require Senate Re- NOMINATION OF EVAN J. WAL- especially the consensus nominees re- publicans to abandon their delaying LACH TO BE ported unanimously by the Judiciary tactics. I hope they will. This is an CIRCUIT JUDGE FOR THE FED- Committee. It is my hope that this area where the Senate must come to- ERAL CIRCUIT timeline can be an example and set the gether to address the serious judicial The PRESIDING OFFICER. Under standard for action on other nomina- vacancies crisis on Federal courts the previous order, the Senate will pro- tions, as well. When the Senate ap- around the country that has persisted ceed to executive session to consider proved the nomination of Judge Zipps for well over 2 years. We can and must the following nomination, which the of less than 1 month after it do better for the millions of Americans clerk will report. was reported by the committee, we being made to suffer by these unneces- The assistant editor of the Daily Di- showed that there is no need for addi- sary Senate delays. gest read the nomination of Evan J. tional delay. These needless delays per- More than half of all Americans— Wallach, of New York, to be United petuate vacancies and deny the Amer- over 162 million—live in districts or States Circuit Judge for the Federal ican people the judges needed in our circuits that have a judicial vacancy Circuit. courts to provide justice. that could be filled today if Senate Re- The PRESIDING OFFICER. Under What is disappointing is that the publicans just agreed to vote on the the previous order, there is 15 minutes Senate Republican leadership has yet nominations now pending on the Sen- of debate equally divided and con- to agree to votes on the long-pending ate calendar. As many as 24 States are trolled between the Senator from nominations of Judge Chris Droney of served by Federal courts with vacan- Vermont and the Senator from Iowa, or Connecticut to fill a judicial emer- cies that would be filled by these nomi- their designees. gency vacancy on the Second Circuit, nations. Millions of Americans across The Senator from Maine. to fill one of several the country are harmed by delays in Ms. SNOWE. Mr. President, I suggest judicial emergency vacancies on the overburdened courts. The Republican the absence of a quorum. Ninth Circuit, or Judge Adalberto Jor- leadership should explain why they will The PRESIDING OFFICER. The dan to fill a judicial emergency va- not consent to vote on the qualified, clerk will call the roll. cancy on the Eleventh Circuit. The consensus candidates nominated to fill The assistant editor of the Daily Di- Droney nomination has been stalled for these extended judicial vacancies. gest proceeded to call the roll. 31⁄2 months despite there being no oppo- Senator GRASSLEY and I have worked Mr. GRASSLEY. I ask unanimous sition. The Christen nomination has together to ensure that each of the 25 consent the order for the quorum call been pending a month longer than nominations on the Senate Calendar be rescinded. Judge Wallach’s and was also reported was fully considered by the Judiciary

VerDate Mar 15 2010 00:08 Nov 09, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G08NO6.009 S08NOPT1 smartinez on DSK5TPTVN1PROD with SENATE S7172 CONGRESSIONAL RECORD — SENATE November 8, 2011 Committee after a thorough but fair Furthermore, these nominees have absences. From 1987 to 1988, Judge Wal- process, including completing our ex- been processed in a very fair manner. lach worked as a general counsel and tensive questionnaire and questioning Circuit nominees have had a hearing public policy adviser to Senator HARRY at a hearing. This White House has within 66 days after nomination, on av- REID. He also served as a judge advo- worked with the home state Senators, erage. President Bush’s nominees were cate for the Nevada Army National Republicans and Democrats, and each forced to wait 247 days. The same can Guard from 1989 to 1995. In 1991, Judge of the judicial nominees being delayed be said of President Obama’s district Wallach was called up to active duty to from a Senate vote is supported by court nominees, who had their hear- serve as an attorney in the Office of both home State Senators. The FBI has ings, on average, in just 79 days. Presi- the Judge Advocate General of the conducted a thorough background re- dent Bush’s district court nominees Army-International Affairs Division view of each nominee. The ABA’s waited 120 days, on average, for a hear- during the first . Standing Committee on the Federal ing. The American Bar Association Judiciary has conducted a peer review President Obama’s circuit and dis- Standing Committee on the Federal of their professional qualifications. trict nominees have been reported fast- Judiciary has rated Judge Wallach When the nominations are then re- er than those of President Bush—in with a unanimous ‘‘Well Qualified’’ rat- ported unanimously by the Judiciary fact, almost 35 percent faster. I would ing. Committee, there is no reason for hope that my colleagues on the other Mr. REID. Mr. President, Judge Evan months and months of further delay side of the aisle would acknowledge Wallach has been my friend for a very before they can start serving the Amer- this cooperation, and they sometimes long time. ican people. do. But it is important to remind ev- I have known him since he was a law- No resort to percentages of nominees eryone that our duty as U.S. Senators yer in Nevada. He worked at Lionel ‘‘processed’’ or ‘‘positive action’’ by is not to rubberstamp the President’s Sawyer & Collins for almost 2 decades. the committee can excuse the lack of nominees. We must carefully examine He is a good man and a good jurist, real progress by the Senate. In the the records and qualifications of each and I believe he is a wonderful nominee past, we were able to confirm con- nominee before us to determine if they for the U.S. Court of Appeals for the sensus nominees more promptly, often are fit to serve the public for lifetime Federal Circuit. within days of being reported to the positions. I don’t believe my constitu- He is also a scholar. Judge Wallach full Senate. They were not forced to ents would expect any less. graduated from the University of Ari- languish for months. The American The fact that we are here, confirming zona and then got his law degree from people should not have to wait weeks the 54th article III judicial nominee, UC Berkeley. But one law degree and months for the Senate to fulfill its shows we have been performing our due wasn’t enough, so he went on to get an- constitutional duty and ensure the diligence. However, we will continue to other degree at the renowned Univer- ability of our Federal courts to provide hold quality confirmed over quantity sity of Cambridge Law School in Eng- justice to Americans around the coun- confirmed. land. try. I would like to say a few words about Now he passes on that great wealth The American people need func- Judge Wallach. of knowledge to others. Since 1997, he tioning Federal courts with judges, not Judge Wallach presently serves as a has served as an adjunct law professor, vacancies. Though it is within the Sen- judge of the U.S. Court of International teaching the law of war and other ate’s power to take significant steps to Trade. He was appointed to that court courses at , New address this problem, refusal by Senate by President Clinton in 1995, following York Law School and several other Republicans to consent to vote on con- confirmation by the Senate. worthy institutions. sensus judicial nominations has kept I would note that the Federal Cir- Judge Wallach is also a patriot with judicial vacancies high for years. The cuit, the court to which Judge Wallach a long history of serving his country in number of judicial vacancies has been is nominated, is the appellate court for our armed forces. near or above 90 for over 21⁄2 years. A the Court of International Trade. In He and his two older brothers volun- recent report by the nonpartisan Con- addition to international trade, the teered to serve in Vietnam, and Judge gressional Research Service found that court hears cases on patents, trade- Wallach was awarded the Bronze Star. these delays have resulted in the long- marks, government contracts, certain But his service to his country didn’t est period of historically high vacancy money claims against the U.S. Govern- end there. My friend served in the Ne- rates on Federal district courts in the ment, veterans’ benefits, and public vada Army National Guard from 1989 last 35 years. These needless delays do safety officers’ benefits claims. Of par- until 1995 as an attorney-advisor. nothing to help solve this serious prob- ticular interest to me, this court has During the Gulf War, in 1991, he took lem and are damaging to the Federal exclusive jurisdiction over cases re- a leave of absence from his law prac- courts and the American people who lated to Federal personnel matters. tice—where he was a partner—to serve depend on them. That includes exclusive jurisdiction as an active-duty attorney-advisor. He Mr. GRASSLEY. Mr. President, over appeals from the Merit Systems served in the Office of the Judge Advo- today the Senate will confirm Judge Protection Board, MSPB, which hears cate General of the Army at the Pen- Evan Jonathan Wallach to be a U.S. whistleblower cases under the Whistle- tagon. circuit judge for the Federal Circuit. blower Protection Act. He has also served as a Circuit Court With this vote, we will have confirmed Evan Wallach received a bachelor of judge in the 2nd, 3rd and 9th Circuits, 54 article III judicial nominees during arts from the in and as a District Court judge in Ne- this Congress, and 18 in just over a 1973, his juris doctorate from Univer- vada, New York and the District of Co- month. In only eight sessions of Con- sity of California Boalt Hall School of lumbia. He even heard a patent case in gress in the past 30 years has the Sen- Law in 1976, and his Nevada and he wrote hundreds of opin- ate confirmed more judicial nominees. from the University of Cambridge in ions as a judge for the U.S. Court of Our progress extends beyond the Sen- 1981. International Trade. ate floor and into the Judiciary Com- Judge Wallach began his legal career Judge Evan Wallach served his coun- mittee, where 88 percent of President as an associate attorney with Lionel try bravely at war. I know he will serve Obama’s judicial nominees have had Sawyer & Collins where he eventually it well once again as a judge on the their hearing. That is compared to only made partner. Over time, the emphasis U.S. Court of Appeals for the Federal 76 percent of President Bush’s nomi- of his practice became media law. He Circuit. nees at a comparable point in his Presi- also defended libel actions and rep- Mr. GRASSLEY. Mr. President, I ask dency, in the 108th Congress. To date, resented newspapers on day to day unanimous consent that all time be 72 percent of the judicial nominations issues, including employee grievances, yielded back. made by President Obama have been collection actions, and copyright pro- The PRESIDING OFFICER. Without confirmed. Overall, we have made real tection. objection, it is so ordered. progress on 85 percent of the judicial While he remained with Lionel Saw- The question is, Will the Senate ad- nominees submitted this Congress. yer & Collins, he took several leaves of vise and consent to the nomination of

VerDate Mar 15 2010 00:08 Nov 09, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\A08NO6.003 S08NOPT1 smartinez on DSK5TPTVN1PROD with SENATE November 8, 2011 CONGRESSIONAL RECORD — SENATE S7173 Evan Jonathan Wallach, of New York, sume consideration of the motion to submunitions, all the warhead is con- to be United States Circuit Judge for proceed to H.R. 674, which the clerk tained in one critical mass; and the the Federal Circuit? will report. Iranians have now prepared a 400-meter Mr. GRASSLEY. I ask for the yeas The legislative clerk read as follows: test shaft likely for a nuclear test shot. and nays. Motion to proceed to the bill (H.R. 674) to If this is not a smoking gun, I do not Is there a sufficient second? There amend the Internal Revenue Code of 1986 to know what is. I do not know what the appears to be. repeal the imposition of 3 percent with- word for ‘‘smoking gun’’ in Farsi is, The clerk will call the roll. holding on certain payments made to ven- but clearly the United Nations, not The assistant editor of the Daily Di- dors by government entities, to modify the known for speaking clearly on many gest called the roll. calculation of modified adjusted gross in- topics, is now telling us one clear come for purposes of determining eligibility Mr. KYL. The following Senator is thing: the Islamic Republic of Iran is for certain healthcare-related programs, and designing and moving toward building necessarily absent: the Senator from for other purposes. Alabama (Mr. SESSIONS). nuclear weapons. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Are there If we look at their record, we will see ator from Illinois. the Islamic Republic of Iran has trans- any other Senators in the Chamber de- Mr. KIRK. Mr. President, I ask unan- siring to vote? ferred nearly every one of its advanced imous consent to speak as in morning munitions it currently owns to ter- The result was announced—yeas 99, business. nays 0, as follows: rorist organizations, including The PRESIDING OFFICER. Without antishipping cruise missiles, which the [Rollcall Vote No. 199 Ex.] objection, it is so ordered. Iranians transferred to Hezbollah. YEAS—99 IRAN We have also known several dan- Akaka Franken Merkley Mr. KIRK. Mr. President, I rise to gerous—actually, dangerously weird— Alexander Gillibrand Mikulski Ayotte Graham Moran talk about two entirely different sub- things going on in the Islamic Republic Barrasso Grassley Murkowski jects; first, on the subject of Iran, the of Iran, such as sentencing an Iranian Baucus Hagan Murray subject of a critical International actress to 90 lashes for appearing in an Begich Harkin Nelson (NE) Atomic Energy Agency report that will Australian film simply on the crime of Bennet Hatch Nelson (FL) Bingaman Heller Paul be issued likely tomorrow. not having her head covered—luckily, Blumenthal Hoeven Portman Credible press reports on the United because the International Campaign Blunt Hutchison Pryor Nations document tell us an important for Human Rights in Iran called atten- Boozman Inhofe Reed tion to this, apparently that sentence Boxer Inouye Reid thing. Remember, it was the IAEA that Brown (MA) Isakson Risch urged caution with regard to the weap- may be in abeyance—or credible re- Brown (OH) Johanns Roberts ons of mass destruction program in ports this weekend that the Islamic Burr Johnson (SD) Rockefeller Iraq. The record shows that the IAEA Republic of Iran, under President Cantwell Johnson (WI) Rubio Ahmadinejad, has arrested 70 fashion Cardin Kerry Sanders was largely correct on its determina- Carper Kirk Schumer tion there. Based on that credibility, designers for anti-Islamic activity. Casey Klobuchar Shaheen we should listen to the IAEA and what What we know for a fact is that the Chambliss Kohl Shelby they say in this groundbreaking report. Islamic Republic of Iran has been a Coats Kyl Snowe state sponsor of terror, as certified by Coburn Landrieu Stabenow Their report makes six very impor- Cochran Lautenberg Tester tant conclusions according to credible Presidents Carter, Reagan, Bush, Clin- Collins Leahy Thune press reports: No. 1, the Islamic Repub- ton, Bush 2, and President Obama Conrad Lee Toomey under Secretary of State Clinton. We Coons Levin Udall (CO) lic of Iran has used military people to Corker Lieberman Udall (NM) procure dual-use nuclear material; No. know they are the leading paymasters Cornyn Lugar Vitter 2, they have developed an undeclared for Hezbollah and Hamas. Crapo Manchin Warner What we can see clearly from this re- nuclear material production line sepa- DeMint McCain Webb port is that this year, or likely the rate from their commitments under Durbin McCaskill Whitehouse year after, they will have nuclear Enzi McConnell Wicker the Nuclear Non-Proliferation Treaty; weapons. I think it is quite likely they Feinstein Menendez Wyden No. 3, they have now acquired outside would then transfer those nuclear NOT VOTING—1 international information on the devel- weapons directly to Hezbollah and opment of nuclear weapons; No. 4, they Sessions Hamas. This is something we cannot have begun work on an indigenous de- The nomination was confirmed. allow to happen, which is why action in The PRESIDING OFFICER. Under sign for a nuclear weapon; and, No. 5, the Senate and in the executive branch the previous order, the motion to re- they are already substantially in ex- should occur on collapsing the Central consider is considered made and laid cess of the 3-percent enrichment for Bank of Iran. We already have 92 Sen- upon the table. The President will be uranium-235 necessary to run a nuclear ators who have agreed, even in these immediately notified of the Senate’s reactor as they originally claimed. partisan times, to collapse the Central action. The sixth conclusion, though, ap- Bank of Iran. Ninety-two Senators pears to be the most important. The f have signed on to the Kirk-Schumer International Atomic Energy Agency letter to call for this action. This ac- LEGISLATIVE SESSION concludes they may have also begun tion was also just recommended in an The PRESIDING OFFICER. The Sen- work on a new payload for their overwhelmingly bipartisan fashion in ate will resume legislative session. Shahab-3 missile. This is a missile that the House Foreign Affairs Committee largely comes from North Korea called f under the leadership of Congressman the No Dong and is able to hit U.S. BERMAN to recommend this also in the RECESS bases in the Persian Gulf and our allies House. I think the administration— The PRESIDING OFFICER. Under in Israel. According to the reports on that has leaked several times to the the previous order, the Senate stands this U.N. document, it says the New York Times that they have this in recess until 2:15 p.m. Shahab-3 payload has the correct mass under consideration—should move in Thereupon, the Senate, at 12:45 p.m., for a nuclear weapon; it has a gener- this direction. recessed until 2:15 p.m. and reassem- ator aboard the warhead that would be For those countries that substan- bled when called to order by the Pre- necessary to initiate a nuclear detona- tially purchase oil from the Islamic siding Officer (Mr. WEBB). tion; it is designed for an airburst to Republic of Iran, we should work with f make that detonation most effective; our Saudi allies to make sure their the weapon has multiple detonators in needs are met so we can go ahead and 3% WITHHOLDING REPEAL AND it—I think this is a key conclusion be- collapse the Central Bank of Iran and JOB CREATION ACT—MOTION TO cause a conventional munition only re- the Iranian currency, especially in the PROCEED quires one detonator, but a nuclear wake of this report. The PRESIDING OFFICER. Under weapon requires multiple detonators; Remember, this is the government the previous order, the Senate will re- and this has it—it does not issue any that, according to Attorney General

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