April 4, 2011 CONGRESSIONAL RECORD — SENATE S2073 In my view, American leaders have I have had occasion to be in Cote Also, a BBC reporter at Duekoue no higher duty, no greater moral re- d’Ivoire—some people call it the Ivory wrote in the last 24 hours: sponsibility than to take all the appro- Coast—in west Africa. It is an area I spot four pigs eating something dark in a priate steps to protect the good people where a lot of the slave trade came charred courtyard. Standing by a newly dug we serve from a clear and present dan- from to this country. It is a place that mass grave, a U.N. soldier from Morocco is ger—a danger that has been detailed to has been led by a President named choking with rage and grief. I ask him if any Laurent Gbagbo for the last 10 years. I of the dead are children. He nods and begins us with clarity and repetition by some to sob, quietly, into his facemask. of America’s finest leaders. first became acquainted with the coun- I yield the floor. try before he was President of Cote I repeat, the massacre was not caused The PRESIDING OFFICER. The Sen- d’Ivoire. In fact, his wife Simone—she by the Gbagbo forces but by the ator from Oklahoma. is now his wife; she was not his wife at Ouattara forces who had taken over Mr. INHOFE. Mr. President, first, let that time—was a member of Par- the town. President Gbagbo has called me say how refreshing it is to hear the liament. I sat through what happened for a cease-fire repeatedly. I repeat Senator from Alabama, as scary as it in 2002 when there was a real effort pri- that. He has called for a cease-fire but is, to tell the truth about the problem marily by one individual—his name is the Ouattara forces have rejected it. we have. When I tell people back in my Alassane Ouattara from the northern Why? This massacre could have been avoid- State of Oklahoma—I refresh their part of Cote d’Ivoire—charging against ed if Ouattara had accepted mediation memories. I remember in 1996 standing him. It is kind of interesting because through the African Union. On March at this podium—right here—when the Cote d’Ivoire is one country, but in the 27, the African Union sent former Cape Clinton budget came out for fiscal year north, they have primarily the Muslim area and in the south and east pri- Verde Foreign Minister Jose Brito to 1996. It was a $1.5 trillion budget. I said mediate between Ouattara and Gbagbo. a $1.5 trillion budget is impossible to marily the Christian element. There has been a real effort for quite some Gbagbo accepted the mediation. sustain. And yet the budget the Sen- Ouattara did not. ator from Alabama was talking about time for the chosen one up there, who is Alassane Ouattara, to defeat Presi- I have been following the events was the budget of this President—and, closely in Cote d’Ivoire since last fall, of course, with a majority in the House dent Gbagbo. Here is the problem. There is an elec- and after having spoken with various and the Senate—that actually has a tion that took place a few months ago. African dignitaries, I am convinced deficit that is greater than the entire It appeared that Ouattara actually there is a serious question as to wheth- budgets around the entire United beat the incumbent President, Presi- er Ouattara is the legitimately elected States of America in 1996. That is the dent Gbagbo. We were all concerned President of Cote d’Ivoire. deficit. That is what my 20 kids and about whether this was a straight elec- I have received substantial evidence grandkids are going to have to pay for. tion. I am going to tell you in a couple of massive voter fraud in the rebel-held When you use statements that are of minutes why it was not but also try north of Cote d’Ivoire. That is the area real and cannot be denied—and that is, to call this to the attention of the ad- from which Ouattara comes. I have that this President in the 2 years he ministration. sent the evidence to Secretary Clinton has been here has increased the debt In January after the election took on two occasions spanning the last few more than all the Presidents before place, I wrote a letter to Secretary months. One letter is where we actu- him, from George Washington to Clinton, and I said: I wish to have you ally have the evidence of the number of George W. Bush—it is not believable. reevaluate—I am going to have that votes that were stolen. In one letter I That is what makes it so difficult be- letter at the conclusion of my remarks pointed out—the last letter, which I cause people think: How can this pos- printed in the RECORD—to look at this will have printed in the RECORD—the sibly be? And yet, it is. That is the re- and evaluate this as to what actually evidence which shows that Ouattara re- ality. went on in that election and how it was ceived 94,873 votes that were listed on a f rigged. tally sheet for one of the five regions in Ouattara tried to deny involvement the rebel-held north. Times this by COTE D’IVOIRE in a mass slaughter that took place a four, and it comes very close to the Mr. INHOFE. Mr. President, a few couple days ago. That was in a town margin of votes that allegedly Presi- minutes ago, I talked at some length called Duekoue. Duekoue is in the dent Gbagbo lost. That is 400,000 votes. about a very significant amendment southern part, an area that is very If, indeed, a similar amount of voter that is going to be coming up, and that strongly in favor of President Gbagbo. fraud exists in these regions, Gbagbo is is to take jurisdiction away from the Somewhere between 300 and 1,000 peo- the actual winner of the November 28 Environmental Protection Agency hav- ple in that western town of Duekoue Presidential election. That is too com- ing to do with cap and trade, some- were slaughtered with guns and ma- plicated. Look at it this way: In those thing they were unable to do legisla- chetes. five regions—they do not call them pre- tively and they are going to try to do Mr. Ouattara and his people tried to cincts; some of the small ones they call through regulations at the Environ- deny their involvement in the mass precincts, so it is a little confusing. In mental Protection Agency. I already slaughter, but his forces took the town the first letter I sent, I commented talked about that issue. days earlier and the Gbagbo forces that Gbagbo, in what we would call a There is something that has not been were not even near the town. They left primary, had won thousands of votes in mentioned on the floor of the Senate a week before this happened. Do not be- each one of those five precincts up that I think is significant. Surprisingly lieve me, but the Guardian, which is a north. However, in the primary runoff, enough, hardly anyone is even aware British newspaper, reported last he got zero. I suggest to you that is a that it is going on. We are all con- night—I am going to quote from the statistical impossibility. You cannot cerned. We hear every day about the newspaper: get zero after you had thousands of atrocities that are committed in Libya The U.N. mission said traditional hunters, votes. and about the people who are being known as Dozos, fought alongside Ouattara’s In my letter to Secretary Clinton, I mowed down. What they do not realize forces and took part in killing 330 people in the western town of Duekoue. The Inter- called for the United States to support is that is not the only place that is national Committee of the Red Cross said at new elections there, but thus far those going on. least 800 people were killed in intercom- efforts have received an inadequate re- I have to share, as much as I hate to munal violence in Duekoue last week. sponse. Based on the news Ouattara has do it because I am disagreeing with our What we do not know is that 800 plus murdered some 1,000 people in State Department when I say this, but the 330, so roughly it is 1,000. Duekoue, I hope the United States will I have to say it because somebody has Guillaume Ngefa, deputy head of the reconsider its position and call for a to say it. Right now, the potential of human rights division of the UN mission in new election. having large numbers of people tor- Ivory Coast, blamed 220 of the deaths on the This Wednesday, April 6, will mark tured and murdered in Cote d’Ivoire is pro-Ouattara forces. the 17th anniversary of the 1994 Rwan- taking place. Let me set the stage so The full article goes into a lot of de- da genocide. I went back for the anni- people will be aware of it. tail. versary of that genocide. I have been

VerDate Mar 15 2010 00:09 Apr 05, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.025 S04APPT1 tjames on DSK5CLS3C1PROD with SENATE S2074 CONGRESSIONAL RECORD — SENATE April 4, 2011 there many times before. We know that seems that this election was not carried out north of Cote d’Ivoire. I received evidence of the U.N. Secretary General Kofi Annan in accordance with the constitution of this these allegations and sent it to you in my and others knew the extent of this vio- country. earlier letter, but have yet to receive a A second and more troubling aspect of this reply. lence early on but did nothing about it. second round of voting is the credible allega- The evidence included tallies of precincts Now we know there can be another tions of massive voter fraud—amounting to where, in the first round of voting, President genocide occurring, and we do know in several hundred thousand votes—in the Laurent Gbagbo received several thousand advance. That is why the United States rebel-held north of Cote d’Ivoire. I am in re- votes, but in the second round he received is going to have to call for an imme- ceipt of evidence of these allegations, and I zero votes. This prima facia evidence of large diate cease-fire to prevent Ouattara have enclosed it for your review. scale voter fraud I found very troubling. and his rebel army from committing a An example of the kinds of voter fraud al- In the 57 days since my last letter, I have legations that you will find in these attached spoken with numerous officials on the mass slaughter of the Ivoirians, espe- materials are the tallies of precincts where, ground during last year’s presidential elec- cially the many youths with sticks and in the first round of voting, President tion. This includes African leaders I met baseball bats who are protecting Presi- Laurent Gbagbo received several thousand with during my trip to this region last dent Gbagbo at the present time votes, but in the second round he received month. I have also obtained new evidence of around the Presidential palace. zero votes. This prima facia evidence of large massive voter fraud in the rebel-held north. You have to get this mental picture: scale voter fraud is very troubling. Specifically, one exhibit (enclosed) is a copy They have these young kids marching Although the Obama Administration has of an official regional electoral return docu- around. They do not have weapons. recognized Alassane Ouattara as the winner ment from the Electoral Commission. It of the election over President Gbagbo, I ask They are carrying baseball bats and shows Ouattara receiving a total 149,598 from that you investigate these credible allega- five northern cities. But when the total is of- 2 x 4s. tions of massive voter fraud and reassess ficially reported in the amount column I have also been told in the last half whether the United States should continue (‘‘Totaux’’ column), Ouattara receives hour that U.N. helicopters—U.N. peace- to recognize Alassane Ouattara as the win- 244,471; a difference of 94,873 votes! keeping helicopters—are firing on ner. Equatorial Guinean President and new I have been a frequent traveler to Africa Gbagbo’s military camp, causing mas- African Union Chairman Teodoro Obiang for the past 15 years. I have visited Cote sive explosions. There could be some Nguema Mbasogo has appointed a special d’Ivoire nine times, the last being June of confusion on this because two of the panel of five African country leaders to 2010. I am probably the most knowledgeable present recommendations to the Union in a person about Africa in the U.S. Senate. From articles that came out in the last half month’s time on how to resolve this presi- all the evidence I now have gathered, I am hour—one was talking about the dential election crisis. This would be a good convinced that it is mathematically impos- French, who are kind of behind and opportunity for the U.S. to become involved sible for President Gbagbo to have lost the supporting, of course, Ouattara, that in this assessment and investigate these alle- election by several hundred thousand votes. they are involved in this. The other gations. I would recommend that serious And if a similar amount of fraud exists in says the United Nations. I am not sure. thought be given to a recount of the votes the other four regions of the rebel-held One of the two is. supervised by an internationally sanctioned north, Gbagbo is actually the winner of the Lastly, I sent Senate Foreign Rela- organization like the African Union, the Or- presidential election. ganization for Security and Cooperation in The hundreds of thousands of potential tions Committee Chairman JOHN Europe or even the Organization of American fraudulent ballots, combined with the uncon- KERRY—by the way, I talked with him States. I would further suggest that experi- stitutional method in which the votes were personally about this situation. He is enced U.S. electoral organizations become tallied and announced by the Independent very concerned about it. I requested he involved like the International Republican Electoral Commission, lead me to conclude convene a hearing as soon as possible Institute, the National Democratic Institute that the election was not free and fair. I also into the atrocities committed by forces and the International Foundation for Elec- conclude that a new presidential election loyal to rebel leader Ouattara, as well toral Systems. A fair and impartial recount- should be held under international sanction as into what I believe were flawed elec- ing of the votes might be one way to end this and supervision to ensure a free and fair crisis peacefully. election. tions that gave legitimacy to his claim I look forward to your response. I am aware that my position is different of the Presidency. Sincerely, from that of the Obama Administration, I ask unanimous consent to have JAMES M. INHOFE, which has recognized Alassane Ouattara as printed in the RECORD the two letters U.S. Senator. the winner. I ask, however, that you change sent to Secretary Clinton, along with your position in light of the evidence I have the letter sent to Senator KERRY, and U.S. SENATE, provided, and that you call for a new elec- the miscalculation of the election that Washington, DC, March 29, 2011. tion. Such a change would not be viewed as Hon. HILLARY RODHAM CLINTON, inconsistent, but a wise reevaluation in light I honestly in my heart believe was sto- Secretary of State, U.S. Department of State, of new evidence presented. It is also con- len. This is the tabulation of the pre- Washington, DC. sistent with our American dedication to the cincts. Add up the precincts and in just DEAR MADAM SECRETARY: I write you again principle that democracy works best when it one precinct, there was a mistake of regarding my grave concerns over the con- works for all and not for some. over 85,000 votes—just in one precinct. duct of the second round of voting in the I recommend that the new election be su- There being no objection, the mate- presidential election held in Cote d’Ivoire pervised by internationally sanctioned orga- rial was ordered to be printed in the last November 28, 2010. I also write to inform nizations like the African Union or the Orga- you that a new presidential election should nization for Security and Cooperation in Eu- RECORD, as follows: be held in Cote d’Ivoire. This is the only way rope. I would further suggest that experi- U.S. SENATE, to prevent further bloodshed, stop a new enced U.S. electoral organizations become Washington, DC, February 9, 2011. civil war and ensure a truly free and fair involved like the International Republican Hon. HILLARY RODHAM CLINTON, election. Institute, the National Democratic Institute Secretary of State, U.S. Department of State, As I stated in my letter of February 9, 2011, and the International Foundation for Elec- Washington, DC. Cote d’Ivoire’s Independent Electoral Com- toral Systems. DEAR MADAM SECRETARY: I write regarding mission (CEI) announced the results of their I am convinced that only though a new my grave concerns over the conduct of the counting of presidential ballots and declared election will the people of Cote d’Ivoire end second round of voting in the presidential Alassane Ouattara the winner. Under the the increasing bloodshed, stop another civil election held in Cote d’Ivoire last November Constitution of Cote d’Ivoire, however, it is war and ensure free and fair elections. 28, 2010. the Constitutional Council of Cote d’Ivoire Sincerely, As you know, the Independent Electoral and not the Electoral Commission which cer- JAMES M. INHOFE, Commission of Cote d’Ivoire announced the tifies and declares the winner of presidential U.S. Senator. results of their counting of ballots and de- elections. In addition, the Electoral Commis- clared Alassane Ouattara the winner. It is sion announced the final vote tallies almost U.S. SENATE, my understanding of the Constitution of 16 hours after its constitutionally mandated Washington, DC, April 4, 2011. Cote d’Ivoire, however, that it is the Con- time to report such results. This most im- Hon. JOHN F. KERRY, stitutional Council of Cote d’Ivoire and not portant election phase was not carried out in Chairman, Senate Foreign Relations Committee, the Electoral Commission which certifies accordance with the constitution of this U.S. Senate, Washington, DC. and declares the winner of presidential elec- country. DEAR MR. CHAIRMAN: It is now clear, based tions. I also understand that the Electoral A second troubling aspect of this second on United Nations reports coming from Cote Commission announced the final vote tallies round of voting is the credible allegations of d’Ivoire that mass killings have occurred in almost 16 hours after its constitutionally massive voter fraud—amounting to several the western town of Duekoue at the hands of mandated time to report such results. It hundred thousand votes—in the rebel-held forces loyal to Alassane Ouattara. This calls

VerDate Mar 15 2010 00:09 Apr 05, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.025 S04APPT1 tjames on DSK5CLS3C1PROD with SENATE April 4, 2011 CONGRESSIONAL RECORD — SENATE S2075 into question his legitimacy to lead that firmation vote on an important judi- months for the Senate to consider country. The killing of innocent civilians cial nomination. The nomination of nominees reported by the Judiciary must stop now before this becomes another Jimmie V. Reyna to the Federal circuit Committee, particularly those who are Rwanda. In light of these facts, I request that you was reported unanimously by the Judi- consensus nominees. convene a hearing as soon as possible into ciary Committee on March 10. I expect Mr. Renya’s nomination is one of 13 his nomination to be confirmed with this atrocity committed by forces loyal to judicial nominations currently await- strong bipartisan support, likely rebel leader Ouattara, as well as into what I ing a Senate vote after being favorably believe were flawed elections that gave legit- unanimously. imacy to his claim of the presidency. That is also true of many of the reported by the Judiciary Committee. Based on the evidence I have seen, and hav- other judicial nominations pending on Two of those nominations have twice ing spoken with various African dignitaries, the Senate’s Executive Calendar, in- been considered by the Judiciary Com- I brought this issue of fraudulent elections cluding several for what have been des- mittee and twice reported with strong in Cote d’Ivoire to the attention of Secretary bipartisan support, first last year and of State Clinton on two occasions spanning ignated judicial emergency vacancies the past few months. I called for the United in New York, California, Florida and again in February. They are Susan Car- States to support new elections there, but Tennessee. With nearly one out of ney of Connecticut to fill a judicial thus far, these efforts have received an inad- every nine Federal judgeships vacant, emergency vacancy on the United equate response. Based on the news that we should act responsibly to address States Court of Appeals for the Second Ouattara has murdered 1,000 people in this vacancies crisis by voting prompt- Circuit and Michael Simon to fill a va- Duekoue, I hope the U.S. will reconsider its ly on nominations favorably reported cancy on the District Court in Oregon. position and that you will hold this hearing. The United States must call for an imme- by the Judiciary Committee. After this Another has been reported favorably diate ceasefire to prevent Ouattara and his confirmation today, the nominations of three times with bipartisan support, rebel army from committing a mass slaugh- another dozen judges and that of the that of Jack McConnell to the District ter of Ivoirians, especially the hundreds of Deputy Attorney General of the United of Rhode Island. Another currently youth with sticks and baseball bats, who States will remain pending and await- pending nomination has been reported have formed a human chain around Gbagbo’s ing Senate consideration and final Sen- favorably four times, that of Judge Ed- residence and presidential palace. ate action. Several of the judicial ward Chen to a judicial emergency va- I know your plate is full now regarding the nominations and that of the Deputy situation in Libya, but I know you are sen- cancy on the Northern District of Cali- sitive to this situation and hope you will Attorney General have been waiting fornia. All of these nominations have hold this hearing. final Senate action since last year. long been ready for a Senate vote. So Sincerely, At his confirmation hearing in Feb- ruary, Mr. Reyna was introduced to the are nominations now pending to fill a JAMES M. INHOFE, judicial vacancy on the DC Circuit, a U.S. Senator. Judiciary Committee by both of his home State Senators, Senator MIKUL- second judicial emergency vacancy in Mr. INHOFE. I yield the floor. I sug- California, judicial emergency vacan- gest the absence of a quorum. SKI and Senator CARDIN of Maryland. cies in New York, Tennessee, and Flor- The PRESIDING OFFICER. The Senator CORNYN of Texas, a Repub- clerk will call the roll. lican, also joined Senator CARDIN in ida, two vacancies in Virginia, and a The assistant editor of the Daily Di- recommending Mr. Reyna to President vacancy in New Jersey. I expect the gest proceeded to call the roll. Obama. When he is confirmed, Mr. Judiciary Committee will consider and Mr. LEAHY. Mr. President, I ask Reyna will become the first Latino to report additional judicial nominations unanimous consent that the order for serve on the U.S. Court of Appeals for this week, adding to the number of ju- the quorum call be rescinded. the Federal Circuit. A past president of dicial nominations ready for final Sen- The PRESIDING OFFICER (Mr. BEN- the Hispanic National Bar Association, ate action. NET.) Without objection, it is so or- Mr. Reyna has excelled in private prac- Federal judicial vacancies around the dered. tice for 30 years, specializing in inter- country still number too many, and f national trade law. He was unani- they have persisted for too long. Near- CONCLUSION OF MORNING mously rated by the American Bar As- ly one out of every nine Federal judge- BUSINESS sociation’s Standing Committee on the ships remains vacant. Whereas the Federal Judiciary as well qualified to Democratic majority in the Senate re- The PRESIDING OFFICER. Morning serve on this court, its highest possible duced vacancies from 110 to 60 in Presi- business is closed. rating. f The Judiciary Committee received dent Bush’s first 2 years, judicial va- cancies still number 95 over 26 months EXECUTIVE SESSION letters of support for Mr. Reyna’s nom- ination from the Customs and Inter- into President Obama’s term. By now, national Trade Bar Association, judicial vacancies should have been cut NOMINATION OF JIMMIE V. REYNA CITBA, and from the former Chairs of in half, but we have barely kept up TO BE UNITED STATES CIRCUIT the ABA Section of International Law. with attrition. JUDGE FOR THE FEDERAL CIR- In its letter, CITBA described Mr. Regrettably, rather than reduce va- CUIT Reyna’s temperament as ‘‘ideal’’ and cancies dramatically as we did during The PRESIDING OFFICER. Under commented that ‘‘[h]e is fair and fo- the Bush administration, the Senate the previous order, the Senate will pro- cused and he has dedicated his life not has reversed course during the Obama ceed to executive session to report the just to practice in this field of law, but administration, with the slow pace of following nomination. to scholarly writing in this field.’’ The confirmations keeping judicial vacan- The assistant bill clerk read the former Chairs of the ABA Section of cies at crisis levels. Over the 8 years of nomination of Jimmie V. Reyna, of International Law write that they ‘‘be- the Bush administration, from 2001 to Maryland, to be United States Circuit lieve he has the professional creden- 2009, we reduced judicial vacancies Judge for the Federal Circuit. tials, the experience and skills, the ap- from 110 to a low of 34. That has now The PRESIDING OFFICER. Under propriate temperament, and the fair been reversed, with vacancies first top- the previous order, there be will 1 hour and sound judgment that would enable ping 90 in August 2009 and staying of debate equally divided and con- him to serve on the Court of Appeals above that level since. The vacancy trolled between the two leaders or for the Federal Circuit with distinction rate which we already had reduced their designees. and honor.’’ Mr. Reyna’s nomination dem- from 10 percent at the end of President Mr. LEAHY. Mr. President, I ask Clinton’s term to 6 percent by this date unanimous consent that, however the onstrates President Obama’s commit- in President Bush’s third year, and ul- time is divided, the vote begin no later ment to working with Senators to se- timately to less than 4 percent in 2008, than 5:30. lect well-qualified nominees, and his The PRESIDING OFFICER. Without commitment to increasing diversity on has now risen back up to nearly 11 per- objection, it is so ordered. the Federal bench. It is appropriate cent. Mr. LEAHY. Mr. President, I thank that we are considering Mr. Reyna’s This high level of vacancies puts at the majority leader for beginning an- nomination in a timely manner. There serious risk the ability of all Ameri- other work week by scheduling a con- is no reason it should take weeks and cans to have a fair hearing in court.

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