May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6685 of different areas. He is credited with John Paul also used his time in Con- NOMINATION OF GEORGE LEVI securing improvements for roads and gress to help northwest Arkansas ex- RUSSELL III, TO BE UNITED infrastructure projects, including pand its infrastructure to keep up with STATES DISTRICT JUDGE FOR Interstate 540 and the Northwest Ar- the region’s fast growth. It is one of THE DISTRICT OF MARYLAND kansas Regional Airport, protecting the fastest growing sections of the the Buffalo River under the designa- country. As a member of the Public tion as a national river, and setting the Works Committee, John Paul was cred- NOMINATION OF JOHN J. THARP, example of exemplary constituent serv- JR., TO BE UNITED STATES DIS- ice that we strive to continue today. ited with securing bipartisan support on key infrastructure legislation. We TRICT JUDGE FOR THE NORTH- He is showing no signs of letting his ERN DISTRICT OF ILLINOIS age slow him down by any means. He could use a little of his magic today. continues his service on numerous You can’t go far in northwest Arkansas The PRESIDING OFFICER. Under boards and for organizations with the without seeing his impact. We have the the previous order, the Senate will pro- same vigor he demonstrated through- John Paul Hammerschmidt Highway, ceed to executive session to consider the following nominations, which the out his career. John Paul played an im- an access road to Carter Field near portant role in our State’s history, and clerk will report. Rogers, an industrial park at Diamond The legislative clerk read the nomi- he is still continuing to play an impor- City, JPH Plaza, the John Paul Ham- tant role in our State’s history. He also nations of George Levi Russell, III, of merschmidt Business and Conference was an important influence on me, as Maryland, to be United States District he was to so many others in Arkansas. Center at North Arkansas College in Judge for the District of Maryland, and I consider him a friend and a mentor. Harrison, John Paul Hammerschmidt John J. Tharp, Jr., of Illinois, to be I recall the first time that I was in Lake at Fort Smith and the JPH Fed- United States District Judge for the Washington being sworn in, in 2001. He eral Building in Fayetteville. Northern District of Illinois. The PRESIDING OFFICER. Under took my brother and me to the Mem- Upon John Paul’s retirement, former the previous order, there will be 60 bers’ dining room. It was a very special Congressman, Commerce and Transpor- time, and just his hospitality to all of minutes of debate equally divided in tation Secretary Norman Mineta spoke us throughout the years was so gra- the usual form. on the floor of the House of Represent- cious. I appreciate very much his ad- Mr. LEAHY. Mr. President, I ask vice and friendship. atives, saying: unanimous consent that the time run John Paul is able to leave his finger- There is no individual in the House who is until 5:30 p.m. on the nominees, which prints on projects important to Arkan- more loved and respected than John Paul would be approximately 50 minutes, sas through his hard work, dedication, Hammerschmidt. His honesty, gentleness, but that time be divided in the usual and commitment. He never forgot decency, and integrity are second to none. form. about the people he was sent to Wash- Don’t be swayed by his quiet manner, be- The PRESIDING OFFICER. Without ington to represent, and we are truly cause underneath is a man with strong con- objection, it is so ordered. grateful for his tireless efforts to rep- victions, a sense of purpose, and a keen de- Mr. LEAHY. Mr. President, last resent the people of Arkansas. sire to get things done. week, 5 months into the year, the Sen- Mr. PRYOR. Mr. President, John ate finally was allowed to finish clear- Paul Hammerschmidt is 90. There are It is fair to say that John Paul never ing the backlog of 19 judicial nominees many colleagues here in this Chamber, actually retired. He remains involved who were needlessly stalled since last who serve in this body today, who in many civic organizations, including year by Senate Republicans. Today the worked alongside him either during the Northwest Arkansas Council and Senate is being allowed to consider two their service in the House or when they March of Dimes. Higher education con- of the 19 judicial nominees now await- were in the Senate. He is one of the Ar- tinues to be a priority. John Paul ing final Senate action. George Levi kansas greats. He served northwest Ar- serves on not one but two boards of Russell is nominated to fill a judicial kansas, which is the Third Congres- trustees—the Board of Trustees at the emergency vacancy in the U.S. District sional District, 26 years in the Con- University of the Ozarks and he is a Court for the District of Maryland and John Tharp to fill a judicial emergency gress. Looking back at his career, John Trustee of Arkansas State University. Paul once said, ‘‘The only reason peo- vacancy in the Northern District of Il- ple should be in public office is to pure- John Paul Hammerschmidt has spent linois. These nominees have the sup- ly serve other people.’’ Indeed, he set decades serving others and giving back port of their home State Senators and the bar for constituent service—from to his community. I am pleased to have were reported 3 months ago with the delivering a Social Security check to a this opportunity to pay tribute to all bipartisan majority of the Judiciary senior bogged down in bureaucracy or he has achieved so far and to wish him Committee. fighting for disability benefits for a a happy 90th birthday and many more I hope the fact that the majority veteran. Today, each of us in Arkansas years of health and happiness. leader was able to obtain consent to congressional delegation tries to emu- move these nominations signals that late his legendary casework manage- Mr. President, I yield the floor. I sug- the Senate is being allowed to return ment. gest the absence of a quorum. to regular order, and that the majority One of John Paul’s most significant The PRESIDING OFFICER. The leader will be able to schedule a vote contributions was preserving the Buf- clerk will call the roll. without further delay on the nomina- falo River as a free-flowing stream. Ac- tion of Paul Watford of California to cording to the Pryor Center for Arkan- The bill clerk proceeded to call the fill a judicial emergency vacancy on sas Oral and Visual History, John Paul roll. the Ninth Circuit. His nomination was first floated the Buffalo at age 12 after The PRESIDING OFFICER. The Sen- reported before those being considered taking wood from his father’s lumber- ator from Vermont. today and has been skipped in the yard to build himself a boat. Nearly 40 order. He is a fine nominee with out- Mr. LEAHY. Mr. President, I ask years later, he established the Buffalo standing qualifications and bipartisan as the first National River. This was unanimous consent that the order for support. not an easy achievement, but one that the quorum call be rescinded. Last week, we were finally able to was built with persistence and through The PRESIDING OFFICER. Without confirm Judge Jacqueline Nguyen of relationships within the community. objection, it is so ordered. California to fill a judicial emergency Today, tens of thousands of Arkansas vacancy on the Ninth Circuit after a families, including mine, enjoy floating needless 5-month delay. Her nomina- the Buffalo National River. tion had been reported unanimously by

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6686 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 the Judiciary Committee and was con- general in the Bush administration; American Bar Association, had never firmed by a vote of 91 3. It took the fil- professors Eugene Volokh and Orin tried a jury case, nor had he served as ing of 17 cloture petitions in March to Kerr; and Jeremy Rosen, the former counsel in any criminal litigation. get Senate Republicans to agree to president of the Los Angeles chapter of The fact is, even after the Senate was consider her nomination. the Federalist Society. forced to invoke cloture to overcome The Ninth Circuit is still in dire need Justice Hurwitz is a respected and Republican filibusters of President of judges. With nearly three times the experienced jurist on the Arizona Su- Clinton’s nominations of Richard Paez number of cases pending as the next preme Court. His nomination has the and Marsha Berzon to the Ninth Cir- busiest circuit, we cannot afford to fur- strong support of both his Republican cuit, the Senate proceeded to confirm ther delay Senate votes on the other home state Senators, Senator JOHN seven of the nine Ninth Circuit nomi- two nominations to the Ninth Circuit. MCCAIN and Senator JON KYL, who in- nees of President Bush. We reduced va- Paul Watford of California passed the troduced him to the Judiciary Com- cancies on the Ninth Circuit during Committee more than 3 months ago. mittee at his hearing in January. Sen- President Bush’s two terms to only a Andrew Hurwitz of Arizona passed the ator KYL said of Justice Hurwitz: single vacancy. Four of President Committee more than 2 months ago. It is very easy to see and it is obvious to Bush’s Ninth Circuit nominees were There is no good reason for Senate Re- those of us who have been in Arizona a long confirmed during his first 4-year term: publicans to further delay votes on time why Justice Hurwitz was awarded the Judge Richard Clifton, Judge Jay these Ninth Circuit nominees. The 61 ABA’s highest rating, unanimous well quali- Bybee, Judge Consuelo Callahan, and million people served by the Ninth Cir- fied. So it will be my privilege to support his Judge Carlos Bea. By contrast, Senate cuit are not served by this delay. The nomination, and I am honored to be able to Republicans are opposing our moving introduce him to the panel today. circuit is being forced to handle more forward to consider and confirm Paul than double the caseload of any other Given that both nominees are su- Watford and Andrew Hurwitz, who are without its full complement of judges. perbly qualified mainstream nominees both strongly supported by their home The Senate should be expediting con- with bipartisan support, the long State Senators, to fill judicial emer- sideration of Paul Watford and Justice delays that have plagued these nomina- gency vacancies, and they filibustered Andrew Hurwitz, not delaying them. tions are hard to understand. the nomination of Goodwin Liu, who The Chief Judge of the Ninth Circuit, While discussing the Ninth Circuit, I also had the strong support of his home Judge Alex Kozinski, a Reagan ap- should also clear up the history of State Senators. pointee, along with the members of the President Bush’s Ninth Circuit nomi- The American people deserve better. Judicial Council of the Ninth Circuit, nees. Senate Democrats did not oppose Our courts need qualified Federal wrote to the Senate months ago em- Randy Smith joining the Ninth Circuit. judges, not vacancies, if they are to re- phasizing the Ninth Circuit’s ‘‘des- Judge Smith was confirmed unani- duce the excessive wait times that bur- perate need for judges,’’ urging the mously by a vote of 94–0. His nomina- den litigants seeking their day in Senate to ‘‘act on judicial nominees tion was unnecessarily complicated court. It is unacceptable for hard- without delay,’’ and concluding ‘‘we and delayed by President Bush who ini- working Americans who turn to their fear that the public will suffer unless tially insisted on nominating Judge courts for justice to suffer unnecessary our vacancies are filled very prompt- Smith to a California seat on the Ninth delays. When an injured plaintiff sues ly.’’ The judicial emergency vacancies Circuit. He is not a Californian and was to help cover the cost of his or her on the Ninth Circuit are harming liti- not supported by the California Sen- medical expenses, that plaintiff should gants by creating unnecessary and ators. When President Bush took my not have to wait 3 years before a judge costly delays. The Administrative Of- advice and renominated Judge Smith hears the case. When two small busi- fice of U.S. Courts reports that it takes to fill an Idaho vacancy on the Ninth ness owners disagree over a contract, nearly 5 months longer for the Ninth Circuit at the beginning of 2007, he was they should not have to wait years for Circuit to issue an opinion after an ap- confirmed quickly. a court to resolve their dispute. peal is filed, compared to all other cir- Carolyn Kuhl was another nominee We have much more work to do to cuits. The Ninth Circuit’s backlog of President Bush tried to ram through help resolve the judicial vacancy crisis pending cases far exceeds other Federal the Senate in spite of the opposition of that has persisted for more than 3 courts. As of the end of 2011, the Ninth her home State Senators. It was Sen- years. When the Majority Leader and Circuit had 14,041 cases pending before ate Republicans and the Republican the Republican leader came to their in- it, far more than any other circuit. chairman who blatantly disregarded terim understanding in March, it re- If caseloads were really a concern of Senate Judiciary procedure by pro- sulted in votes on 14 of the 22 judicial Republican Senators, as they con- ceeding with that nomination despite nominations then awaiting final con- tended last year when they filibustered the objection of both home State Sen- sideration. Because the arrangement the nomination of Caitlin Halligan to ators. At the time I noted that this was took months to implement what the the D.C. Circuit, they would not be de- a provocative step that ratcheted up Senate could have done in hours, the laying the nominations to fill judicial partisanship and the use of judicial backlog of judicial vacancies and judi- emergency vacancies in the Ninth Cir- nominees for partisan political pur- cial nominees continues. Today we are cuit. If caseloads were really a concern, poses. By contrast, I have respected ob- almost back to where we started with Senate Republicans would consent to jections of Republican home State Sen- 19 judicial nominees awaiting action. move forward with votes on Paul ators, even when they change their po- We are still lagging far behind what Watford and Andrew Hurwitz without sition from support to opposition, as we accomplished during the first term these months of unnecessary delays. happened recently with a Kansas nomi- of President George W. Bush. During Paul Watford was rated unanimously nee to the Tenth Circuit. President Bush’s first term we reduced well qualified by the ABA’s Standing Senate Democrats opposed William the number of judicial vacancies by al- Committee on the Federal Judiciary, Gerry Myers because he was an ideo- most 75 percent. When I became Chair- the highest rating possible. He clerked logue who spent over 20 years of his ca- man in the summer of 2001, there were at the United States Supreme Court for reer as a lobbyist and as an outspoken 110 vacancies. As Chairman, I worked Justice Ruth Bader Ginsburg and on antagonist against long-established en- with the administration and Senators the Ninth Circuit for now Chief Judge vironmental protections. Mr. Myers’ from both sides of the aisle to confirm Alex Kozinski. He was a Federal pros- advocacy often took positions that 100 judicial nominees of a conservative ecutor in Los Angeles. He has the sup- were legally unsupportable. Mr. Myers’ Republican President in 17 months. port of his home State Senators and bi- record as a partisan ideologue was not We continued when in the minority partisan support from noted conserv- offset by other qualifications to be a to work with Senate Republicans to atives such as Daniel Collins, who court of appeals nominee; he received a confirm President Bush’s consensus ju- served as associate deputy attorney partial not qualified rating from the dicial nominations well into 2004, a

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6687 Presidential election year. At the end also been nominated by President trol of the White House makes nomina- of that Presidential term, the Senate George W. Bush in July 2008. A former tion recommendations to the White had acted to confirm 205 circuit and Captain in the Marine Corps, Mr. Tharp House for one Federal district court district court nominees. In May 2004, is currently a partner in the Chicago judgeship for every three of the party we reduced judicial vacancies to below office of Mayer Brown LLP. He began in power. The arrangement is intended 50 on the way to 28 that August. De- his legal career as a Federal prosecutor to ensure the orderly filing of Federal spite 2004 being an election year, we in the Northern District of Illinois and judge vacancies on the Illinois bench. were able to reduce vacancies to the clerked for Judge Joel Flaum on the Under that tradition, John Tharp was lowest level in the last 20 years. At a U.S. Court of Appeals for the Seventh my first recommendation. time of great turmoil and political con- Circuit. The ABA Standing Committee Jay served our country in the Marine frontation, despite the attack on 9/11, on the Federal Judiciary unanimously Corps from 1982 to 1988, achieving the the anthrax letters shutting down Sen- rated Mr. Tharp well qualified, its rank of Captain and earning the Navy ate offices, and the ideologically driven highest rating. Mr. Tharp’s nomination Achievement Medal and the Navy Dis- judicial selections of President Bush, has the bipartisan support of Illinois’ tinguished Midshipman Award. He sub- we worked together to promptly con- Democratic Senator DICK DURBIN and sequently attended Northwestern Uni- firm consensus nominees and signifi- Republican Senator MARK KIRK. versity Law School on a full merit cantly reduce judicial vacancies. Both Judge Russell and Mr. Tharp John Henry Wigmore Scholarship. In October 2008, another Presidential were favorably reported by the Judici- While at Northwestern, Jay served as election year, we again worked to re- ary Committee on February 16th of book review editor of the Northwestern duce judicial vacancies and were able this year. I look forward to their con- Law Review. He graduated magna cum to get back down to 34 vacancies. I ac- firmations today. laude in 1990. commodated Senate Republicans and Mr. President, using the time allo- Last week, the Senate voted to con- continued holding expedited hearings cated to the majority, I ask unanimous firm John Lee to fill one of the vacan- and votes on judicial nominations into consent to speak as in morning busi- cies for the Northern District. Senator September 2008. We lowered vacancy ness. DURBIN and I worked closely to rec- rates more than twice as quickly as The PRESIDING OFFICER. Without ommend both Jay Tharp and John Lee Senate Republicans have allowed dur- objection, it is so ordered. and today’s vote on Jay’s nomination will hopefully conclude the process to ing President Obama’s first term. (The remarks of Senator LEAHY are fill these two vacancies. By comparison, the vacancy rate re- printed in today’s RECORD under I would also like to thank my Judi- mains nearly twice what it was at this ‘‘Morning Business.’’) cial Review Advisory Board, chaired by point in the first term of President Mr. LEAHY. Mr. President, I suggest Peter Baugher of Schopf & Weiss LLP, Bush, and has remained near or above the absence of a quorum and ask unani- for their hard work in selecting Jay 80 for nearly three years. Again, if we mous consent that the remaining time Tharp. In February 2011, I formed this could move forward to Senate votes on between now and 5:30 be equally di- 14-member bipartisan, Statewide the 19 judicial nominees ready for final vided. screening committee and charged it action, the Senate could reduce vacan- The PRESIDING OFFICER. Without with identifying ‘‘the strongest appli- cies below 60 and make progress. objection, it is so ordered. cants from Illinois for consideration by The Senate needs to consider these The clerk will call the roll. the President and U.S. Senate.’’ judicial nominees if we are to make The legislative clerk proceeded to My Advisory Board received nearly 50 real progress in reducing the burden of call the roll. applications, met five times, and spent judicial vacancies. That is what we did Mr. DURBIN. Mr. President, I ask over 300 man-hours to review judicial in the most recent Presidential elec- unanimous consent that the order for candidates. The Advisory Board’s re- tion years of 2004 and 2008 and what we the quorum call be rescinded. view process included personal inter- should be doing this year. We have a The PRESIDING OFFICER. Without views as well as calls to colleagues, op- long way to go. We need to work to re- objection, it is so ordered. posing counsel, and judges. duce the vacancies that are burdening At the request of Mr. DURBIN, the fol- I urge my colleagues to support Jay the Federal judiciary and the millions lowing statement was ordered to be Tharp’s nomination.∑ of Americans who rely on our Federal printed in the RECORD. Mr. DURBIN. Mr. President, pending courts to seek justice. Let us work in a ∑ Mr. KIRK. Mr. President, I wish to before the Senate is the nomination of bipartisan fashion to confirm these offer my strong endorsement for the Jay Tharp to serve on the District qualified judicial nominees so that we nomination of John ‘‘Jay’’ Tharp to Court for the Northern District of Illi- can address the judicial vacancy crisis the U.S. District Court for the North- nois. Senator KIRK and I have agreed and so they can serve the American ern District of Illinois. on a bipartisan approach to this. We people. Jay Tharp will be an outstanding ad- each have appointed bipartisan com- Today, we can finally fill two judicial dition to the Federal bench. He made a mittees who review prospective appli- emergency vacancies with excellent name for himself as an assistant U.S. cants and then make recommenda- nominees. George Levi Russell III is attorney whose cases included political tions. We each have a veto over the nominated to fill a judicial emergency corruption and money laundering. His other’s recommendation, so it is to- vacancy on the District of Maryland, impressive tenure in that office in- tally bipartisan. In the case of Jay where he has been an active member of cludes service in the General Crimes Tharp, there was no veto—certainly the legal community for over 20 years. Division and the Organized Crime Drug not by me—and in this case, he was Currently an Associate Judge in the Enforcement Task Force. Since leaving sponsored by Senator KIRK. He is an ex- Circuit Court of Maryland for Balti- the U.S. Attorney’s office in 1997, traordinarily talented individual. more City, he previously spent 10 years Tharp has worked at Mayer Brown The reason I have entered into the as an Assistant U.S. Attorney in the LLP, where he was made partner in CONGRESSIONAL RECORD the official District of Maryland, serving in both 1999. He is currently coleader of Mayer statement of Senator KIRK is because, the criminal and civil divisions. Judge Brown’s securities litigation and en- obviously, he can’t be here. He is in Russell’s nomination has the strong forcement practice. rehab at this point from a stroke he support of the Maryland Senators, Sen- I want to thank Senator DURBIN for suffered in January, and there was an ators MIKULSKI and CARDIN. his continued dedication and hard work encouraging video released last week John ‘‘Jay’’ Tharp is nominated to to ensure the Senate’s timely con- showing the progress he is making. We fill a judicial emergency vacancy on firmation of both Illinois judicial are all anxious for him to return. I the Northern District of Illinois. This nominees, Jay Tharp and John Lee. promised him in a phone conversation is the second time Mr. Tharp has been Under Senate tradition for Illinois, last week that I would move this nomi- nominated to that position, having the senator from the party not in con- nation as quickly as possible so that

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6688 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 his nominee is approved. His statement Senate to fill vacancies: John Lee, who dicial emergencies, including two now in the RECORD speaks to his feel- was approved last Monday, and Jay nominees for seats in the Ninth Cir- ings about Jay Tharp’s nomination, Tharp, who we will be considering this cuit—Paul Watford and Andrew and it speaks for itself. I will now add evening. Hurwitz, who are extraordinarily well my own comments. John Lee was my choice; Jay Tharp qualified. I am glad Mr. Tharp is finally getting was Senator KIRK’s choice. We agreed, I hope my Republican colleagues will a vote in the Senate. It has taken a as I said, on both nominees. They were give us a break. These people deserve long time. In fact, it has taken too both nominated on the same day. They to get their moment on the Senate long for this day to come. Nominees appeared together at the hearing before floor. They deserve a vote, and the who are noncontroversial, eminently the Judiciary Committee in January. areas they are going to serve deserve a qualified, who go through the com- Both were reported out of the com- full complement of competent jurists. mittee without even a hint of resist- mittee in February—about 3 or 4 It is time to restore sanity, comity, ance from Democrats or Republicans months ago—in a bipartisan voice vote. and good faith to the way we treat ju- shouldn’t have to sit on this calendar It was my hope we could bring them dicial nominations on the Senate floor. for week after week and month after to a quick vote. There was an urgent That should start today. month. It has now become standard need to fill the vacancies. We had been Let me discuss Jay Tharp’s back- around here, as have these mind-numb- contacted by the chief judge of the dis- ground for the record. He was nomi- ing filibusters become standard around trict in Chicago, Jim Holderman. He nated when a judgeship opened up after here, and it isn’t fair. had written to both of us, Senator KIRK Judge Blanche Manning took senior It isn’t fair first to the country to and myself, and asked: Please move on status. He is currently a partner in the leave vacancies on the Federal bench, these judges. Chicago office of Mayer Brown, where creating hardships in courts around the I felt an obligation, after Senator he is the co-leader of the firm’s securi- Nation where people come to the court- KIRK’s illness, to try to get this job ties litigation and enforcement prac- house expecting timely consideration done. I knew Senator KIRK would be tice. He was born into a military family— of important matters, from criminal here in person if it were humanly pos- he is very proud of it—as the son of a charges to civil litigation. sible. I put his statement in the lieutenant colonel in the Marine Corps. It isn’t fair to the nominees. It really RECORD. I know how strongly he feels Jay Tharp attended Duke University takes a pretty stalwart individual to about the qualities of Jay Tharp. on an ROTC scholarship. He received put their name up to be a Federal judge Unfortunately, for reasons hard to his undergraduate degree summa cum because they are going to go through understand, this has dragged on for al- laude and was commissioned as a sec- three or four different levels of inves- most 6 months since their nominations ond lieutenant in the Marine Corps. tigation and some pretty serious inves- were sent to the Senate. Up until a few He served on Active Duty with the tigation by the Federal Bureau of In- years ago, this, as I said, was not the Marines for 6 years, achieving the rank vestigation, for example. That is part way things were handled—not when it of captain and earning the Navy of the process. There are investigations came to bipartisan nominees who were Achievement Medal and the Navy Dis- by the White House, by the Senators’ coming out of the committee with no tinguished Midshipman Award. offices, by the Senate Judiciary Com- controversy. That certainly is the case After his military service, he at- mittee. So it is not an easy under- now. We now see routine objections. tended Northwestern University Law taking. There might have been a There is a presumption that something School. He graduated magna cum laude time—I know there was—when these must be wrong with a nominee, and we and served on their Law Review. Upon nominations were made in 48 hours will just sit on it for weeks and graduation, he was a clerk for Judge with hardly a question asked. It months. That is not good. It is not fair Joel Flaum on the Seventh Circuit, and doesn’t happen anymore. Hard ques- to the nominees. It is not fair to the then worked as an assistant U.S. attor- tions are asked, and then comes the process. It certainly is not good for the ney in Chicago for 6 years. suspense of starting the process and judiciary. After his tenure as a Federal pros- waiting for it to end. These poor nomi- Under the last nominations agree- ecutor, he joined Mayer Brown, where nees sit there with their professional ment negotiated in March, for some his practice has been in complex com- and personal lives on hold, having said reason John Lee made the cut, Jay mercial litigation and criminal inves- they are prepared to step forward and Tharp did not. I appealed to Senator tigations. He has received numerous serve a lifetime appointment on the KYL, to Senator MCCONNELL. I sent a recognitions. He has served as an ad- Federal judiciary, and then they wait letter in writing and spoke to it on the junct professor of trial advocacy at day after weary day, week after weary Senate floor. Northwestern University Law School, week, month after month, sitting on This is Senator MARK KIRK’s first and he is a member of the Law Fund this Executive Calendar so that at nomination for a Federal judgeship, Board at Northwestern, which oversees some point there will be a bargaining and I know how important it is to him. fundraising efforts. session and some names will go forward I thank those who were responsible for In short, Jay Tharp is a picture-per- and some won’t. bringing it forward today. I am sure he fect nominee for the Federal bench. He This is what happened to Jay Tharp, will be relieved. I know Jay Tharp will has the qualifications, temperament, but it shouldn’t have, nor should it be relieved when this is over. and integrity to serve the Northern have happened to John Lee, the nomi- I have been very happy to stand and District well. I urge my colleagues to nee who was approved last week for Il- support Jay Tharp, as well as John support his nomination. linois. Both nominees are extraor- Lee. They are both extraordinary indi- I just say to Jay Tharp, the day has dinarily qualified and should have gone viduals. There are other well-qualified come, finally. I am sorry you got through without this resistance, but nominees sitting on this Senate cal- caught up in what has become a tiring this reflects what is happening in the endar in a similar circumstance. After political exercise, where people are just Senate. today’s votes, there will be 17 nominees stuck on a calendar waiting for some- What is interesting about Jay Tharp pending on the calendar, and nearly all thing to happen which springs them is that every aspect of his nomination of them—almost all of them—were loose. This evening will be your oppor- has been bipartisan. As I said, Senator voted out of committee without any tunity. KIRK put him through a bipartisan dissenting votes, with the exception of I hope the Senate—and I know Sen- process for selection, and Senator KIRK Senator LEE of Utah, who votes cus- ator KIRK will join me in saying this— reviewed and approved all of the can- tomarily against all judicial nominees. will give Jay Tharp the unanimous didates and then recommended him. It These nominees, but for a few, have not vote he deserves. He is an extraor- was last November 10 that the White had any controversy. Six of these dinarily well-qualified nominee, and I House sent two nominations to the nominees are in areas designated as ju- am happy to support his nomination.

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6689 I yield the floor. more pressure on the Congress to ap- 1990, Mr. Tharp began his legal career The PRESIDING OFFICER. The Sen- prove more nominees, and somehow ap- as a clerk for Judge Flaum on the Sev- ator from Iowa. prove nominees who are not even here enth Circuit Court of Appeals. After Mr. GRASSLEY. Mr. President, I will yet for us to approve. working as an associate at Kirkland & be urging the people in my caucus to I could go on, but I do not intend to. Ellis for a year, he joined the U.S. At- vote for these nominees, both of them. I do not like to get into this back-and- torney’s Office for the Northern Dis- Today, the Senate is expected to con- forth with the other side. But it gets a trict of Illinois, Chicago, as a Federal firm these two nominees: Judge Russell little tiresome to hear the same mis- prosecutor where he served in the to the District of Maryland and Mr. leading statements over and over. I Criminal Receiving and Appellate Divi- Tharp to the Northern District of Illi- want to set the record straight, and I sion, General Crimes Division, and Or- nois. As I said, I support the nominees, have done that. ganized Drug Enforcement Task Force. and I do, in fact, expect that both of I congratulate the nominees who will He handled cases involving narcotics them will be confirmed. be confirmed tonight. Both the nomi- and money laundering investigations, We continue to confirm the Presi- nees and their families should be financial frauds, political corruption, dent’s nominees at a brisk pace. In proud. tax crimes, bank robberies, and fire- fact, with today’s confirmations, we George Levi Russell III, presently arms offenses. will have confirmed 145 of President serving as an associate judge to the In 1997, Mr. Tharp left the U.S. Attor- Obama’s district and circuit court Circuit Court of Maryland, is nomi- ney’s Office and moved to his current nominees. I would like to put this in nated to be U.S. District Judge for the firm, Mayer Brown, where his practice perspective. District of Maryland. Judge Russell re- focuses on civil concerns, including We confirmed two Supreme Court ceived his BA from Morehouse College tort, contract, intellectual property, nominees during President Obama’s in 1988 and his JD from the University environment, tax, and unfair competi- term so far. Everyone knows it takes a of Maryland School of Law in 1991. tion claims, securities fraud, profes- tremendous amount of time and re- Upon graduation from law school, he sional liability, and governmental in- sources to consider Supreme Court clerked for Hon. Robert M. Bell, chief vestigations. nominees. judge for the Court of Appeals of Mary- In 2009, Mr. Tharp’s firm selected him The last time the Senate confirmed land. Judge Russell then worked as an to serve as coleader of the securities two Supreme Court nominees was dur- associate at the law firms Hazel and enforcement practice. In 2010, that ing President Bush’s second term. Dur- Thomas, P.C. and Whiteford, Taylor, group merged with the securities liti- ing President Bush’s entire second and Preston, where he handled cases gation group, and he continues to serve term, the Senate confirmed only 120 involving personal injury, product li- as coleader of the combined Mayer district and circuit court nominees. ability, and medical malpractice. In Brown securities litigation and en- Compare that, if you will, to the 145 1994, Judge Russell became an assistant forcement practice. He has an ABA rat- district and circuit court nominees we U.S. attorney for the U.S. Attorney’s ing of Unanimous ‘‘Well Qualified.’’’ have confirmed so far since President Office for the District of Maryland. He I urge my colleagues to support these Obama has become President. Let me worked in the civil division for 5 years, nominees. I think they probably will be say that same thing a different way. defending government agencies in dis- supported overwhelmingly. We have confirmed 25 more nominees crimination, automobile accident, and I yield the floor. Mr. CARDIN. I suggest the absence of for President Obama than we did for medical malpractice cases. In 2000, a quorum. President Bush in a similar time pe- Judge Russell rejoined the private sec- The PRESIDING OFFICER. The riod. Of course, President Obama’s tor for 2 years, working at the law of- clerk will call the roll. term is not over yet. fices of Peter G. Angelos, where he rep- The assistant legislative clerk pro- With these facts in mind, I hope my resented plaintiffs in class action and ceeded to call the roll. colleagues will understand why I get a private personal injury cases. In 2002, Ms. MIKULSKI. Mr. President, I ask little frustrated when I hear all of he returned to the U.S. Attorney’s Of- unanimous consent that the order for these complaints about how we are not fice and joined the criminal division the quorum call be rescinded. confirming enough nominees. The fact for 5 years. There Judge Russell pros- The PRESIDING OFFICER. Without is President Obama is being treated ecuted those accused of violent crimes objection, it is so ordered. much more fairly than Senate Demo- and narcotics cases. Ms. MIKULSKI. Mr. President, I am crats treated President Bush. In 2007, then-Governor Robert Ehr- so proud to be here on the floor of the It is especially frustrating to hear lich appointed Judge Russell to be an Senate to support the nomination of the other side complain about the va- associate judge on the Circuit Court of Judge George Russell III. He is nomi- cancy rate. The fact is the Senate is Maryland for Baltimore City. In No- nated to the U.S. District Court for the doing its job. We are confirming the vember 2008, he was elected to a 15-year District of Maryland, and he has the nominees who are sent to us. Of course, term. Judge Russell has sat on each of enthusiastic support of Senator CARDIN we cannot confirm nominees who are the four dockets of this court: crimi- and myself. Senator CARDIN will speak not up here from the White House. If nal, civil, family, and juvenile. right after me. there is a problem, then it rests with The ABA Standing Committee on the I thank Senators LEAHY and GRASS- the President. Federal Judiciary has given Judge Rus- LEY for moving this nomination, and I Right now, there are 77 judicial va- sell a rating of Substantial Majority thank Senators REID and MCCONNELL cancies. But the President has made ‘‘Qualified’’ and Minority ‘‘Not Quali- for their cooperation. only 29 nominations. That means 48 va- fied’’ for this position. I take my advice-and-consent respon- cancies or over 60 percent—actually, John J. Tharp, Jr., is nominated to sibilities very seriously. When I con- nearly 63 percent—have no nominee. be U.S. district judge for the Northern sider someone for the Federal bench, I Stating it another way, there are cur- District of Illinois. Mr. Tharp was first have four criteria: absolute personal rently 44 million Americans living in nominated to this position by Presi- integrity, judicial competence and districts with vacancies where the dent Bush in 2008. Mr. Tharp received temperament, a commitment to core President has not submitted a nominee his BA from Duke University in 1982 constitutional principles, and a history to the Senate. and his JD from Northwestern Univer- of civic engagement in Maryland. I suspect the President neglected to sity School of Law in 1990. Mr. Tharp I cite these standards because I mean share that statistic with all the groups served in the U.S. Marine Corps from it. I must say Judge Russell—he is cur- he summoned to the White House 1 1982 to 1988, became a captain in 1987, rently on the Circuit Court of Balti- week ago today to discuss judicial and has received several military hon- more City—brings the right values to nominees, probably with the point of ors. Following graduation from North- the bench. He has the necessary experi- getting those organizations to put western University School of Law in ence. He has seen the legal system

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6690 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 from all perspectives and brings forth a ship on the process we have used in community outreach programs in co- top-notch background. Maryland on filling judicial vacancies. ordination with the Baltimore City He is nominated to fill the seat of I am very proud to work with Senator State’s Attorney’s Office to reduce vio- Judge Peter Messitte, who took senior MIKULSKI in a process that screens law- lent crime in Baltimore communities. status 3 years ago. I think it is a mat- yers who are interested in becoming In 2007, Governor Ehrlich, a Repub- ter of urgency to confirm Judge Rus- Federal judges in order that we can get lican, appointed him to serve as an as- sell because of the backlog we have in the very best to recommend to the sociate judge of the Baltimore City our Maryland Federal court. President. Circuit Court for a term of 15 years. As Prior to taking the bench, Judge We think the President has chosen a trial judge, Judge Russell has pre- Russell spent his legal career as a liti- the very best in Judge Russell to fill sided over hundreds of trials that have gator. He spent 10 years as an assistant the district court vacancy for the Dis- gone to verdict or judgment and he has U.S. attorney in Maryland. He handled trict of Maryland. But I really wanted experience in handling jury trials, both criminal and civil cases. While to applaud my colleague in the Senate bench trials, civil cases, and criminal there he was also a community out- for the seriousness that we both take cases. He has the professional experi- reach coordinator. What does that on filling these vacancies. We under- ence which has been recognized by a mean? For an assistant U.S. attorney, stand these are lifetime appointments. Republican Governor and a Democratic it meant he worked with the commu- We want to make sure we get individ- President. nity creating vital programs to reduce uals who have the qualifications, who Judge Russell has strong roots, legal violent crimes. have the temperament, who have the experience, and community involve- As a young attorney, Mr. Russell also integrity, and have the commitment to ment in the State of Maryland. He was served as a law clerk for Judge Robert public service to serve our judiciary. born and raised in Baltimore City and Bell. Judge Bell is the chief judge of I rise today to urge the Senate to has extended family who live in Balti- the Maryland Court of Appeals. I might confirm Judge George Levi Russell III, more. He served as a director and add, Judge Bell enthusiastically en- of Maryland, to be U.S. District Judge trustee of the board of the Enoch Pratt dorses this Nominee. for the District of Maryland. Judge Free Library, which serves the dis- Judge Russell is a man born and Russell was reported by voice vote out advantaged throughout the State of raised in Baltimore. He graduated from of the Judiciary Committee on Feb- Maryland. He served on the board of di- the University of Maryland School of ruary 16. Judge Russell currently sits rectors of the Community Law Center, Law and has spent his entire career in as a trial judge in the Baltimore City which is an organization designed to Maryland. His father, also a judge, was Circuit Court. help neighborhood organizations im- a legal pioneer in Maryland, serving as Judge Russell is an excellent can- prove the quality of life for their resi- the city’s first African-American cir- didate. He received bipartisan support dences. He has also served as a board member cuit judge. from the Judiciary Committee and is This judge, Judge Russell, has public ready to take office upon confirmation on several organizations that devote substantial resources to helping the service in his DNA, both working as a of the Senate. Judge Russell brings a disadvantaged, including the Big U.S. attorney and on the Federal bench wealth of experience to this position in Brothers and Big Sisters of Maryland. I and also in his connection to the every- both State and Federal courts. Earlier know he has often spoken to young day life of people. He has been on the in his career he served as a Federal people in school about the obligations, board of directors of the Enoch Pratt prosecutor and as an attorney in pri- duty, and mandate of a judge, and he Library, Big Brothers and Big Sisters, vate law practice. He now sits as a tries to demystify the role of a judge in and the Community Law Center. He State court trial judge in Maryland. a black robe. has often been recruited to be a moti- Judge Russell graduated from Judge Russell is particularly con- vational speaker, an inspirational Moorehouse College with a B.A. in po- cerned with addressing the drug, vio- speaker, particularly to high school litical science and a J.D. from the lence, and mental health problems that and middle school students to encour- Maryland Law School in 1991. He plague Baltimore City. Judge Russell age them to stay in school and off the passed the Maryland Bar and was ad- comes from a very distinguished family street. He has particularly been enthu- mitted to practice in Maryland in 1991. in the legal profession of Maryland. siastic about mentoring young attor- He then clerked for Chief Judge Robert Judge Russell’s father, George L. Rus- neys and law students. Bell on the Maryland Court of Appeals, sell, Jr., was also a groundbreaking Af- The reason I talk about his civic en- which is our highest State court. He rican-American lawyer in Maryland. gagement is that we want judges who worked as a litigation associate for 2 He was the first African-American do not live in a bubble. It is great to be years at Hazel & Thomas, and then judge on the Maryland Circuit Court in a legal scholar, it is great to know the briefly at Whiteford, Taylor. He then the 1960s and was later Baltimore’s law inside and out, but a great judge served as an assistant U.S. attorney for first African-American Solicitor. knows people. This man, Judge George the District of Maryland from 1994 to He was also the first African-Amer- Russell III, by being out there—wheth- 1999, handling civil cases. In that ca- ican president of the Baltimore City er it is making sure the library is there pacity he represented various Federal Bar Association. In later years, Judge for young people who want to move up; Government agencies in discrimina- Russell was named by the Governor to Big Brothers and Sisters, to keep tion, accident, and medical mal- chair the Maryland Museum of African- young people out of trouble; or work- practice cases. He then worked as an American History and Cultural Com- ing at the Community Law Center—he associate at the Peter Angelos law firm mission and served as chairman of the has involved himself in the gritty as- for 2 years. board of the Maryland African-Amer- pects of Baltimore City. He is a de- In 2002, he went back to the U.S. At- ican Museum Corporation. voted public servant. He comes with a torney’s Office, handling criminal He was also asked to chair Balti- great background. cases until 2007. He represented the more’s Judicial Nominating Commis- He brings together recommendations United States in the criminal prosecu- sion. He has received numerous awards from both the public and private sec- tion of violent crimes and narcotic from the Maryland Bar Foundation and tor. I urge my colleagues to endorse cases during the investigatory stage, at NAACP. the nomination of Judge Russell. I ask trial, and on appeal. This included the His family is deep in public service, their support in voting for him. initiation of monitoring of wiretaps to including his wife who serves as a judge I yield the floor. infiltrate and break up violent gangs in on the District Court of Maryland for The PRESIDING OFFICER. The Sen- Baltimore City. Baltimore City. I am absolutely con- ator from Maryland. He also served as the Project Safe vinced that Judge Russell possesses the Mr. CARDIN. Mr. President, first, I neighborhood coordinator for the office qualifications, temperament, and pas- thank Senator MIKULSKI for her leader- from 2002 until 2005. He participated in sion for justice that will make him an

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6691 outstanding Federal trial judge. He States District Judge for the Northern consider are considered made and laid will serve the people of Maryland very District of Illinois. upon the table and the President will well in this position. I therefore urge Mr. MCCONNELL. Mr. President, I be immediately notified of the Senate’s my colleagues to vote for the confirma- ask for the yeas and nays. action. tion of Judge Russell to serve as a The PRESIDING OFFICER. Is there a f judge for the U.S. District Court for sufficient second? LEGISLATIVE SESSION the District of Maryland. There is a sufficient second. I suggest the absence of a quorum. The clerk will call the roll. The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. The The assistant bill clerk called the HAGAN). The Senate will resume legis- clerk will call the roll. roll. lative session. Mr. DURBIN. I announce that the The assistant bill clerk proceeded to The Senator from Ohio. Senator from Pennsylvania (Mr. call the roll. f Mr. REID. I ask unanimous consent CASEY), the Senator from North Caro- AGAN EXPORT-IMPORT BANK REAUTHOR- that the order for the quorum call be lina (Mrs. H ), and the Senator from Florida (Mr. NELSON) are nec- IZATION ACT OF 2012—MOTION TO rescinded. The PRESIDING OFFICER. Without essarily absent. PROCEED—Continued Mr. KYL. The following Senators are objection, it is so ordered. Mr. BROWN of Ohio. Madam Presi- necessarily absent: the Senator from UNANIMOUS CONSENT AGREEMENT—H.R. 2072 dent, I rise to discuss the Export-Im- Missouri (Mr. BLUNT), the Senator from port Bank reauthorization’s impor- Mr. REID. Mr. President, I ask unan- North Carolina (Mr. BURR), the Senator tance to strengthen manufacturing and imous consent that at 11:15 a.m, Tues- from Texas (Mr. CORNYN), the Senator creating jobs in places such as my day, May 15, the motion to proceed to from South Carolina (Mr. DEMINT), the home State of Ohio. Calendar No. 396, H.R. 2072, be adopted; Senator from Illinois (Mr. KIRK), the Ohio is the third leading manufac- that the only first-degree amendments Senator from Kansas (Mr. MORAN), the turing State in the country. Only in order to the bill be Lee No. 2100, Senator from Alaska (Ms. MURKOWSKI), Texas, which has twice our population, Paul No. 2101, Corker No. 2102, Vitter the Senator from Kentucky (Mr. PAUL), and California, which has three times No. 2103, and Toomey No. 2104; that the Senator from South Dakota (Mr. our population, produce more goods there be no amendments in order to THUNE), and the Senator from Mis- any of the amendments prior to the than we do. sissippi (Mr. WICKER). The Export-Import Bank’s mission is votes; that there be no motions or Further, if present and voting, the simple: It facilitates exports and con- points of order in order other then Senator from Texas (Mr. CORNYN) tributes to job creation in the United budget points of order and the applica- would have voted ‘‘yea’’ and the Sen- States. It does this through loans and ble motions to waive; that there be up ator from South Carolina (Mr. DEMINT) guarantees of insurance, filling in gaps to 2 hours of debate to run concur- would have voted ‘‘nay.’’ rently on the amendments and the bill The PRESIDING OFFICER (Mr. in trade financing at no ultimate cost to taxpayers. Yet, despite this record equally divided between the two lead- MERKLEY). Are there any other Sen- ers or their designees prior to votes in ators in the Chamber desiring to vote? of success, exports and jobs are at relation to the amendments in the The result was announced—yeas 86, stake because Congress cannot agree to order listed; that upon disposition of nays 1, as follows: Ex-Im reauthorization, in large part the amendments, the Senate proceed to [Rollcall Vote No. 90 Ex.] because there is a group of people in vote on passage of the bill, as amended, YEAS—86 this body and down the hall in the House of Representatives who simply if amended; that there be 2 minutes Akaka Gillibrand Merkley equally divided prior to each vote, and Alexander Graham Mikulski think the Federal Government should all after the first vote be 10-minute Ayotte Grassley Murray not have a role in much of anything. votes; that the amendments and pas- Barrasso Harkin Nelson (NE) The bank’s lending authority is set Baucus Hatch Portman to expire May 31, 17 days from now. We sage of the bill require 60 votes. Begich Heller Pryor The PRESIDING OFFICER. Without Bennet Hoeven Reed must act. The Export-Import Bank has objection, it is so ordered. Bingaman Hutchison Reid been reauthorized by both Chambers, Mr. REID. Mr. President, we have Blumenthal Inhofe Risch by both parties, decade after decade, Boozman Inouye Roberts pending now a cloture vote. I have spo- Boxer Isakson and we know how important it is for Rockefeller Brown (MA) Johanns job creation, but it has taken too long ken to the Republican leader very re- Rubio Brown (OH) Johnson (SD) cently. We think it would be in the Sanders to get this reauthorization moving. Cantwell Johnson (WI) Schumer best interests of the Senate to do away Cardin Kerry While manufacturers wait, Congress with the cloture vote. Therefore, I ask Carper Klobuchar Sessions has stalled. We cannot wait any longer. Chambliss Kohl Shaheen We know that Ohio workers can com- unanimous consent that the cloture Shelby Coats Kyl pete with anyone in the world when the vote scheduled for this evening be viti- Coburn Landrieu Snowe ated. Cochran Lautenberg Stabenow playing field is level. When we stamp The PRESIDING OFFICER. Without Collins Leahy Tester the ‘‘Made in Ohio’’ label, it is a sign objection, it is so ordered. Conrad Levin Toomey that an item was made with pride by Coons Lieberman Udall (CO) Mr. REID. There should only be one Corker Lugar Udall (NM) some of the finest workers in the rollcall vote tonight because the Mary- Crapo Manchin Vitter United States and some of the finest land judge we expect to be able to Durbin McCain Warner workers in our country. Enzi McCaskill Webb We know that U.S. manufacturing is voice-vote. Feinstein McConnell Whitehouse The PRESIDING OFFICER. All time Franken Menendez Wyden getting stronger due in no small part to increased exports with the help of is expired. NAYS—1 Under the previous order, the ques- the Ex-Im Bank. Ohio has had quicker tion is, Will the Senate advise and con- Lee increases in job growth than other sent to the nomination of George Levi States. Russell III, of Maryland, to be United NOT VOTING—13 We know that the manufacturing sec- States District Judge for the District Blunt Hagan Paul tor nationally has gained back some Burr Kirk Thune number of jobs that it lost. As an ex- of Maryland. Casey Moran Wicker The nomination was confirmed. Cornyn Murkowski ample, from 1965 to 1998 or 1999, this The PRESIDING OFFICER. The DeMint Nelson (FL) country had roughly the same number question is, Will the Senate advise and The nomination was confirmed. of manufacturing jobs. It was a smaller consent to the nomination of John J. The PRESIDING OFFICER. Under percentage of GDP and a smaller per- Tharp, Jr., of Illinois, to be United the previous order, the motions to re- centage of the workforce but a pretty

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