E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, TUESDAY, JUNE 6, 2006 No. 70 Senate The Senate met at 9:45 a.m. and was time in executive session for the con- The PRESIDENT pro tempore. It will called to order by the President pro sideration of Renee Bumb to be U.S. be equally divided. tempore (Mr. STEVENS). district judge for New Jersey. Fol- Mr. MCCONNELL. I suggest the ab- lowing those statements, we will vote sence of a quorum. PRAYER at around 10:20 a.m. on the confirma- The PRESIDENT pro tempore. With- The Chaplain, Dr. Barry C. Black, of- tion of that nomination. out objection, it is so ordered. fered the following prayer: Immediately after the vote, we will The clerk will call the roll. Let us pray: resume debate on the motion to pro- The bill clerk proceeded to call the Eternal Spirit, You see our thoughts ceed to the Marriage Protection roll. Mr. LAUTENBERG. Mr. President, I from a distance. You look not merely Amendment. We reserved blocks of ask unanimous consent that the order on our exteriors but also at our inte- time throughout the session for Mem- riors. You see our desire to please You for the quorum call be rescinded. bers to come to the Senate to give The PRESIDENT pro tempore. With- and to honor You with our lives. You their remarks on the marriage amend- out objection, it is so ordered. know our remorse for neglected duties, ment. Mr. LAUTENBERG. Mr. President, I missed opportunities, and selfish pur- The Senate will recess, as usual on rise to express my pleasure and support suits. Tuesdays, from 12:30 to 2:15 for our for the confirmation of Ms. Renee You are aware that we need strength weekly policy luncheons. Bumb to the U.S. District Court of New for today and hope for tomorrow. I remind our colleagues, I filed a clo- Jersey. Today, meet the needs of our law- ture motion on the motion to proceed Ms. Bumb is one of four accomplished makers as they confront the challenges to the Marriage Protection Amend- individuals from New Jersey who have of our time. Give them faith to trust ment. That vote will occur on Wednes- been nominated to vacancies on the that Your sovereign providence will day. Later today, we will alert all district court. prevail in the unfolding events of our Members as to the precise timing of Just before we left for the Memorial world. Remind them that they are that vote on the marriage Day recess, the Senate unanimously never alone, for You will never forsake amendment which, as I indicated, will confirmed Judge Susan Wigenton for them. occur Wednesday. the district court. Judge Wigenton has We pray in Your holy Name. Amen. f been a Federal magistrate judge since f 1997. She also worked at a law firm, EXECUTIVE SESSION PLEDGE OF ALLEGIANCE served as a public defender in Asbury Park, NJ. She has been a first-rate The PRESIDENT pro tempore led the magistrate judge. She will be an excel- Pledge of Allegiance, as follows: NOMINATION OF RENEE MARIE BUMB TO BE UNITED STATES lent district court judge. She served I pledge allegiance to the Flag of the the public well. We are pleased to have United States of America, and to the Repub- DISTRICT JUDGE FOR THE DIS- lic for which it stands, one nation under God, TRICT OF NEW JERSEY her join the bench in New Jersey. indivisible, with liberty and justice for all. Now we discuss today’s nominee, The PRESIDENT pro tempore. Under Renee Bumb. She is exceptionally well f the previous order, the Senate will pro- qualified and will be an excellent addi- RESERVATION OF LEADER TIME ceed to executive session for consider- tion to the court. She is currently at- The PRESIDENT pro tempore. Under ation of Executive Calendar No. 626, torney in charge of the Camden—our the previous order, the leadership time which the clerk will report. southernmost city—U.S. Attorney’s Of- is reserved. The bill clerk read the nomination of fice. She is a gifted prosecutor and has Renee Marie Bumb, of New Jersey, to f handled cases ranging from drug traf- be U.S. District Judge for the District ficking to white-collar crime. RECOGNITION OF THE ACTING of New Jersey. For 6 years, Miss Bumb has super- MAJORITY LEADER The PRESIDENT pro tempore. Under vised all of the attorneys in the Cam- The PRESIDENT pro tempore. The the previous order, the time until 10:20 den U.S. Attorney’s Office. At the same acting majority leader is recognized. a.m. shall be equally divided between time, she has tried cases herself, espe- f the two managers or their designees. cially those dealing with public corrup- Mr. MCCONNELL. Mr. President, be- tion. SCHEDULE fore I suggest the absence of a quorum, Ms. Bumb is from south Jersey. We Mr. MCCONNELL. Mr. President, this will the time run during the quorum are pleased she will be sitting as a Fed- morning we have set aside some debate call? eral judge in Camden. There have been

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5436 CONGRESSIONAL RECORD — SENATE June 6, 2006 openings there for some time. The peo- Award, the highest award given to an to provide fair compensation to asbes- ple of south Jersey deserve judges who assistant U.S. attorney presented by tos victims and reduce the litigation understand that area of the State and the U.S. Attorney General. Ms. Bumb burden that asbestos cases have im- the unique communities therein. Ms. is currently the attorney in charge of posed on our civil justice system. Bumb fits that bill. the U.S. Attorney’s Office in Camden, We worked together to report a com- When people look at tiny New Jersey NJ. prehensive immigration reform bill and on the map, they envision a small The American Bar Association has continued to work with Senators KEN- State but they are wrong. While we are rated Ms. Bumb as well qualified for NEDY, MCCAIN, HAGEL, MARTINEZ, and relatively small geographically, we the position to which she has been others in a bipartisan coalition that have the 10th largest population in the nominated. It is a view I share as well. culminated in Senate passage of S. 2611 country. New Jersey is the most dense- I would also like to talk about the late last month. We look forward to ly populated State in the country. package of four nominees for district help from the President to enact that While physical distance between north judge of New Jersey that Ms. Bumb is measure later this year. and south Jersey is not significant, a part of. It is a package that is bal- We worked together to revive and re- there are differences between the two anced in every sense of the word, from authorize the expiring provisions of the areas politically, economically, and geographic to gender perspectives, as USA PATRIOT Act. I supported the Ju- culturally. The Federal Government well as to quality. I should note that diciary Committee and Senate bill. needs to respect these distinctions. Ms. Bumb is not the first nominee of When our bill was hijacked, I appre- Thus, we have Renee Bumb, who is a that package to be confirmed by the ciated Chairman SPECTER’s efforts to judge from South Jersey. She will dis- Senate. The day before the Memorial restore some balance and his efforts to pense justice with the unique character Day district work period began, the work with those of us seeking improve- her community brings—not having the Senate confirmed Susan Wigenton to ments. Sadly, the final product insisted large cities, and with the population be a district court judge. Judge upon by the Bush-Cheney administra- density much less than the north. They Wigenton graduated from Norfolk tion and House Republicans was not also lack some of the services imme- State University and the Marshall- one I could support. We are working together now in a bi- diately available in the northern part Wythe School of Law from the College partisan, bicameral partnership to re- of our State. Ms. Bumb will represent of William and Mary. She has spent the authorize the expiring provisions of the the Federal Government and represent last 8 years doing an exceptional job as Voting Rights Act. We need to com- a U.S. magistrate judge for the district the Judiciary extremely well. plete hearings on our bill without fur- At the same time, we have two other of New Jersey, and she will do an ex- ther delay, and I hope that we can re- excellent nominees for vacancies on ceptional job in the district court. port our bipartisan bill by mid-June so the U.S. District Court for New Jersey. I look forward to working with Sen- that these important provisions, in- One is Noel Hillman, another is Peter ator LAUTENBERG, the chair and rank- cluding those in section 203 providing ing member of the Judiciary Com- Sheridan. These nominees have been voting access for language minorities, mittee, and the leadership in bringing approved by the Judiciary Committee. can be reauthorized this year. They are ready to go. We should not the nominations of the other two nomi- We worked together to report privacy delay the confirmation of these nomi- nees, Noel Hillman and Peter Sheridan, legislation to the Senate last Novem- nations past this week. to the Senate floor for confirmation ber. Senate action on our bill is over- I offer thanks to Chairman SPECTER votes. This entire four-nominee pack- due. The recent theft of millions of vet- and Ranking Member LEAHY for mov- age is one that every New Jerseyan can erans’ personal information and the ing these nominees so efficiently and should be proud of. growing problem of identification theft through the process. I am confident There truly is no higher calling than remind us how important these issues these four individuals will serve the the calling of public service. That is are for so many Americans. people of New Jersey extremely well on why I am pleased to see people of this We have also worked together on the Federal bench. They will bring dis- quality who are willing to serve our competitiveness issues including the tinction to the court. We urge their Nation in the administration of justice. NOPEC legislation to clarify that our quick confirmation in the Senate. The confirmation of a judge to a life- antitrust laws should be applied to the I yield the floor. time appointment is a vital responsi- OPEC cartel, our broader bill on wind- The PRESIDENT pro tempore. The bility given to this body by the Con- fall oil company profits, and our bill to Senator from New Jersey. stitution and one I take very seriously. end the antitrust exemption for the in- Mr. MENENDEZ. Mr. President, I I join my colleague, Senator LAUTEN- surance industry. rise today in support of the nomination BERG, in support of Ms. Bumb and her We have made progress on several of Renee Bumb to be a U.S. district confirmation. I look forward to her issues, but our work is far from over. judge for the District of New Jersey. I continued service to our State and Na- There are only 13 weeks left in this leg- appreciate the opportunity to speak tion. I am confident she will put our islative session of the Senate and we about this outstanding individual that shared Rutgers education to good use. still have much that needs to get done. the White House has selected to serve I urge my colleagues to support the The Republican-controlled House and on the Federal bench. nomination of Renee M. Bumb to serve Senate have yet to enact a Federal I take a moment to share with our on the U.S. District Court for the Dis- budget and are in violation of the stat- colleagues a few of her accomplish- trict of New Jersey. utory deadline of April 15. We have yet ments. Ms. Bumb is a graduate of Ohio Mr. LEAHY. Mr. President, as we re- to pass a single appropriations bill, and State University and the University of sume consideration of judicial nomina- we are required by law to pass 13. We Chicago Graduate School of Inter- tions today, it is worth taking stock of have yet to reconcile and enact the national Relations. She attended my the mileposts we have passed and those emergency supplemental appropria- own alma mater, Rutgers University we are working toward. Chairman tions bill that has been pending for School of Law in Newark, where she SPECTER has now chaired the Judiciary months and that includes funding for served as editor in chief of the law re- Committee for 17 months. I congratu- Iraq and Katrina victims and other view and has been a loyal New late him on that. The committee has matters. We have yet to reconcile and Jerseyan ever since. been extremely active, and we have enact lobbying reform and ethics legis- Ms. Bumb’s reputation in the south- achieved a good deal working together. lation. We have yet to deal with the ern New Jersey legal community is We reported a bill to provide com- skyrocketing cost of gasoline. We have both well known and exceptional. As pensation to asbestos victims and yet to reconcile and enact a bipartisan assistant U.S. attorney, Ms. Bumb has began its consideration in the Senate. and comprehensive immigration re- been known for many efforts and is a Just recently, we joined together to in- form bill. We need to enact stronger staunch anticorruption prosecutor. She troduce a new version of our legisla- privacy protection legislation, espe- is best known for her prosecution of tion, to note the passing of our friend cially in the wake of the theft of infor- the former Camden City mayor. She Judge Becker and to recommit our- mation on more than 26 million vet- has twice received the Director’s selves to finishing this bipartisan task erans. We have yet to enact stem cell

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5437 research legislation. We need to reau- the lowest vacancy rate in decades. ical fortunes, writing that he should, thorize the Voting Rights Act. We have More than half these vacancies are ‘‘[p]ush for the confirmation of his cir- yet to enact patent reform legislation. without a nominee. The Congressional cuit judges that are pending. Talk And I hope that we will take up, pass Research Service has recently released about them by name. The G.O.P. wins and enact our asbestos compensation a study showing that this President judiciary fights.’’ legislation and my measure to speed has been the slowest in decades to Republican Senators are relishing lifesaving medicine to those in des- nominate and the Republican Senate picking fights over controversial judi- perate need. among the slowest to act. If they would cial nominees. Senator THUNE has said, I have urged that we exercise effec- concentrate on the needs of the courts, ‘‘A good fight on judges does nothing tive oversight of the executive branch, our Federal justice system and the but energize our base . . . . Right now and I have supported Chairman SPEC- needs of the American people, we would our folks are feeling a little flat.’’ Sen- TER’s efforts to get to the bottom of be much further along. ator CORNYN has said, ‘‘I think this is the NSA’s unprecedented program of Still, we have passed a milestone. excellent timing. From a political domestic spying on Americans without When the Senate votes today to con- standpoint, when we talk about judges, warrants. We need to make more firm Renee Bumb as a district court we win.’’ On May 8, 2006, The New York progress on this important front and to judge, the Republican-controlled Sen- Times reported: ‘‘Republicans are restore accountability and check and ate will have this year confirmed 17 ju- itching for a good election-year fight. balances in our Government. dicial nominations. That was the total Now they are about to get one: a re- One of the most important checks number of judges confirmed in the 1996 prise of last year’s Senate showdown and balances to unprecedented over- congressional session, when Repub- over judges.’’ The Washington Post re- reaching by the Bush-Cheney executive licans controlled the Senate and ported on May 10: ‘‘Republicans had re- branch is an independent judiciary. stalled the nominations of President vived debate on Kavanaugh and an- With respect to judicial nominations, Clinton. In the 1996 session, however, other Bush appellate nominee, Ter- we worked together in connection with Republicans would not confirm a single rence Boyle, in hopes of changing the the nominations of Chief Justice Rob- appellate court judge. All 17 confirma- pre-election subject from Iraq, high erts, whom I came to support, and Jus- tions were district court nominees. gasoline prices and bribery scandals.’’ tice Alito, whom I did not. I have That is the only session I can remem- We should not stand idly by as Re- sought to expedite consideration of ber in which the Senate has simply re- publicans choose to use lifetime federal qualified, consensus nominees and fused to consider a single appellate judgeships for partisan political advan- urged the President to work with us to court nomination. That was part of tage. In a May 11, 2006, editorial The make selections that unite all Ameri- their pocket filibuster strategy to stall Tennessean wrote: cans. and maintain vacancies so that a Re- ‘‘[T]he nation should look with complete Today we will proceed to confirm an- publican President could pack the dismay at the blatantly political angle on courts and tilt them decidedly to the nominations being advocated by Senate Re- other lifetime appointment to the Fed- publicans now. . . . Republicans are girding eral courts in New Jersey. With the right. In the important DC Circuit, the for a fight on judicial nominees for no reason support of the New Jersey Senators, we confirmation of Brett Kavanaugh was other than to be girding for a fight. They were able to confirm Judge Susan the culmination the Republicans’ dec- have admitted as much in public comments. Davis Wigenton just before the last re- ade-long attempt to pack the DC Cir- . . . In other words, picking a public fight cess. Her nomination, as well as the cuit that began with the stalling of over judicial nominees is, in their minds, the nomination of Renee Marie Bumb that Merrick Garland’s nomination in 1996 right thing to do because it’s the politically we are considering today, were re- and continued with the blocking of right thing to do. . . . Now, Republicans are advocating a brawl for openly political pur- ported favorably by the Judiciary Com- President Clinton’s other well-qualified poses. The appointment of judges deserves mittee to the Senate more than a nominees, Elena Kagan and Allen Sny- far more respect than to be an admitted elec- month ago. der. tion-year ploy. . . . It should be beneath the Rather than proceed to those nomi- Of course, with the confirmation Senate to have such a serious matter sub- nations promptly, the Republican lead- today, we will tie that record of 17 con- jected to nothing but a tool for political ership of the Senate delayed their con- firmations for the year. It is June, and gain.’’ sideration while proceeding over time we have a few more weeks in which to On May 3, 2006, The New York Times with circuit court nominations. I was make progress. There remain four more wrote in an editorial: ‘‘The Repub- cooperative in proceeding to the con- district court nominees on the calendar licans have long used judicial nomina- firmation of Judge Milan Smith to the whose consideration could be scheduled tions as a way of placating the far Ninth Circuit. His confirmation dem- for debate and vote but are being de- right of their party, and it appears that onstrated, again, that we can work to- layed—not by Democratic opposition— with President Bush sinking in the gether. I was pleased for his brother, but by Republican control. There is polls, they now want to offer up some the Senator from Oregon, and believe also another circuit court nominee on new appeals court judges to their con- that he will be a fine judge. the calendar who was reported with servative base.’’ Regrettably, the Senate Republican Democratic support from the Judiciary Consider the President’s nomination leadership chose not to move to any of Committee and whose confirmation of Judge Terrence Boyle to the Fourth the four district court nominations could be scheduled for debate and vote. Circuit. We have learned from recent from New Jersey, or the two nomina- Successful consideration of those five news reports that, as a sitting U.S. dis- tions to district courts in additional nominees will bring the Sen- trict judge and while a circuit court that their home State Democratic Sen- ate’s total judicial confirmations to 22, nominee, Judge Boyle ruled on mul- ators have reached out to support. In- thereby matching the total achieved tiple cases involving corporations in stead, they forced debate on another all last year. which he held investments. In at least controversial nomination, that of a But the road ahead is likely to be one instance, he is alleged to have White House insider selected for a life- rocky. In the runup to the Kavanaugh bought General Electric stock while time position on the DC Circuit as a re- nomination debate, we saw that the presiding over a lawsuit in which Gen- ward for his loyalty to President Bush. Senate Republican leadership is appar- eral Electric was accused of illegally I did not support confirmation of Brett ently heeding the advice of The Wall denying disability benefits to a long- Kavanaugh. That was the fight that Street Journal editorial page, which time employee. Two months later, he the Republican leader had promised the wrote, ‘‘[a] filibuster fight would be ex- ruled in favor of GE and denied the em- narrow special interest groups of the actly the sort of political battle Repub- ployee’s claim for long term and pen- rightwing of his party. licans need to energize conservative sion disability benefits. Whether it The President and Senate Republican voters after their recent months of de- turns out that Judge Boyle broke Fed- leadership continue to pick fights over spond.’’ Rich Lowery, editor of the con- eral law or canons of judicial ethics, judicial nominations rather than focus servative National Review, listed a these types of conflicts of interest have on filing vacancies. Judicial vacancies fight over judges as one of the ways no place on the Federal bench. Cer- have now grown to more than 50 from President Bush could revive his polit- tainly, they should not be rewarded

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5438 CONGRESSIONAL RECORD — SENATE June 6, 2006 with a promotion to the Fourth Cir- poor vetting of important nominations. This former Defense Department and cuit. Certainly, they should be inves- If the White House had its way, we Justice Department insider now sits on tigated. would already have confirmed Claude the Ninth Circuit for life. The President should heed the call of Allen to the Fourth Circuit. He is the Finally, there is the more recent North Carolina Police Benevolent As- Bush administration insider who re- nomination of Michael Wallace to a va- sociation, the North Carolina Troopers’ cently resigned his position as a top cancy on the Fifth Circuit. Mr. Wallace Association, the Police Benevolent As- domestic policy adviser to the Presi- received the first ABA rating of unani- sociations from South Carolina and dent. Ultimately, we learned why he mously ‘‘not qualified’’ that I have Virginia, the National Association of resigned when he was arrested for seen for a circuit court nominee since Police Organizations, the Professional fraudulent conduct over an extended President Reagan. Yet that is one of Fire Fighters and Paramedics of North period of time. Had we Democrats not the controversial nominations we can Carolina, as well as the advice of Sen- objected to the White House attempt to expect the Republican Senate to target ator John Edwards, and withdraw his shift a circuit judgeship from Maryland for action given their track record. ill-advised nomination of Judge Ter- to Virginia, someone now the subject Working together we could do better. rence Boyle. Law enforcement from of a criminal prosecution for the equiv- I made the point when in the 17 months North Carolina and law enforcement alent of stealing from retail stores I chaired the Judiciary Committee we from across the country oppose the would be a sitting judge on the Fourth proceeded to confirm 100 judicial nomi- nomination. Civil rights groups oppose Circuit confirmed with a Republican nees of President Bush. I urge the White House to work with us. I hope the nomination. Those knowledgeable rubberstamp. that the Republican-controlled Senate and respectful of judicial ethics oppose Yet another controversial pending will stop rubberstamping this Presi- this nomination. This nomination has nomination is that of Norman Randy dent’s nominees and stop using con- been pending on the calendar in the Re- Smith to the Ninth Circuit. This nomi- troversial judicial nominations to nation is another occasion on which publican-controlled Senate since June score partisan political points. Our this President is seeking to steal a cir- of last year when it was forced out of courts are too important. The rights cuit court seat from one State and re- the Committee on a party-line vote. It and liberties of the American people assign it to another one, one with Re- should be withdrawn. are too important. The courts are the Also on the calendar is the nomina- publican Senators. That is wrong. I only check and balance left to protect support Senators FEINSTEIN and BOXER tion of to the Ninth Cir- the American people and provide some in their opposition to this tactic. I cuit. This is another administration in- oversight of the actions of this Presi- have suggested a way to resolve two sider and lobbyist whose record has dent. made him extremely controversial. I difficult situations if the President I suggest the absence of a quorum. opposed this nomination when it was were to renominate Mr. SMITH to fill The PRESIDING OFFICER (Mr. considered by the Judiciary Committee the Idaho vacancy on the Ninth Cir- DEMINT). The clerk will call the roll. in March 2005. He was a nominee who cuit, instead of a vacancy for a Cali- The bill clerk proceeded to call the the so-called expressly listed fornia seat. Regrettably, the White roll. as someone for whom they made no House has not followed up on my sug- Mr. SANTORUM. Mr. President, I commitment to vote for cloture, and gestion. ask unanimous consent that the order with good reason. His anti-environ- A complicit Republican-controlled for the quorum call be rescinded. mental record is reason enough to op- Senate remains all too eager to act as The PRESIDING OFFICER. Without pose his confirmation. His lack of inde- a rubberstamp for the Bush-Cheney ad- objection, it is so ordered. pendence is another. If anyone sought ministration. The nomination of The hour of 10:20 having arrived, the to proceed to this nomination, there Kavanaugh was one of the few to be vote is to occur on the nomination. would be a need to explore his connec- downgraded by the ABA upon further Mr. SANTORUM. Mr. President, I tions with the lobbying scandals asso- review. Until the Republican-con- ask for the yeas and nays. ciated with the Interior Department trolled Senate proceeded to confirm The PRESIDING OFFICER. Is there a and Jack Abramoff. This nomination this White House insider, I cannot re- sufficient second? There is a sufficient should also be withdrawn. call anyone being confirmed after such second. A few months ago, the President a development. Another first, and an- Mr. SANTORUM. I thank the Chair. The PRESIDING OFFICER. The withdrew the nomination of Judge other problematic confirmation that ill question is, Will the Senate advise and James Payne to the Court of Appeals serves the American people. consent to the nomination of Renee for the 10th Circuit after information Another troubling nomination is that Marie Bumb, of New Jersey, to be a became public about that nominee’s of William James Haynes to the Fourth United States District Judge for the rulings in a number of cases in which Circuit, which has been pending in the Republican-controlled Senate without District of New Jersey? he appears, like Judge Boyle, to have On this question, the yeas and nays action for 3 years. Mr. Haynes is the had conflicts of interest. Those con- have been ordered. The clerk will call general counsel at the Defense Depart- flicts were pointed out not by the ad- the roll. ministration’s screening process or by ment and was deeply involved devel- The assistant legislative clerk called the ABA but by journalists. oping the torture policies, detention the roll. Judge Payne joins a long list of and interrogation policies, military Mr. MCCONNELL. The following Sen- nominations by this President that tribunals, and other controversial as- ators were necessarily absent: the Sen- have been withdrawn. Among the more pects of the manner in which this ad- ator from Tennessee (Mr. FRIST), the well known are Bernard Kerik to head ministration has proceeded unilater- Senator from Montana (Mr. BURNS), the Department of Homeland Security ally to make mistakes and exceed its the Senator from Idaho (Mr. CRAPO), and Harriet Miers to the Supreme legal authority. Concerns about the the Senator from New Mexico (Mr. Court. It was, as I recall, reporting in a Haynes nomination may not be con- DOMENICI), the Senator from Nebraska national magazine that doomed the fined to Democratic Senators, accord- (Mr. HAGEL), the Senator from Utah Kerik nomination. It was opposition ing to recent press reports. (Mr. HATCH), and the Senator from Mis- within the President’s own party that I trust that the Senate will not re- souri (Mr. TALENT). doomed the Miers nomination. peat the mistake it made before. It was Further, if present and voting, the During the last few months, Presi- only after Jay Bybee was confirmed to Senator from Tennessee (Mr. FRIST) dent Bush also withdrew the nomina- a lifetime appointment to the Ninth would have voted ‘‘yea.’’ tions of Judge Henry Saad to the Court Circuit that we learned of his involve- Mr. DURBIN. I announce that the of Appeals for the Sixth Circuit and ment with the infamous Bybee memo Senator from New Mexico (Mr. BINGA- Judge Daniel P. Ryan to the Eastern seeking to justify torture and degrad- MAN), the Senator from West Virginia District of Michigan after his ABA rat- ing treatment. I had asked him what (Mr. ROCKEFELLER), the Senator from ing was downgraded. he had worked on while head of the De- Maryland (Mr. SARBANES), and the Sen- It is not as if we have not been vic- partment of Justice’s Office of Legal ator from New York (Mr. SCHUMER) are timized before by the White House’s Counsel, but he had refused to respond. necessarily absent.

VerDate Mar 15 2010 23:37 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S06JN6.REC S06JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 6, 2006 CONGRESSIONAL RECORD — SENATE S5439 The PRESIDING OFFICER. Are there American Battle Monuments Commis- were the first delegation that anyone any other Senators in the Chamber de- sion. We traveled through Europe and could remember to ever do what we siring to vote? northern Africa paying Memorial Day did. Not only do I hope we are not the The yeas and nays resulted—yeas 89, tributes to the men and women buried last, I hope it is an annual occasion nays 0, as follows: on those foreign shores. where Members of the Senate go and [Rollcall Vote No. 162 Ex.] I have to tell my colleagues, it was a pay their respects to the brave Ameri- YEAS—89 life-altering experience for me. I am a cans who died in the great wars of Eu- patriotic American. I love this country rope, World War I and World War II; for Akaka Dole McCain Alexander Dorgan McConnell more than anything on the face of this without them, we would not enjoy Allard Durbin Menendez Earth. I have teared up more than once what we do today, nor would the world Allen Ensign Mikulski at the funeral of a friend who died in enjoy the peace and the freedom and Baucus Enzi Murkowski the service of this country. But I have the liberty that it treasures and it en- Bayh Feingold Murray never seen the outpouring of love and joys. Bennett Feinstein Nelson (FL) Biden Graham Nelson (NE) respect for our country or for our serv- So on this day of June 6, 2006, 62 Bond Grassley Obama icemen than I saw in the Netherlands years after 2,500 Americans died and Boxer Gregg Pryor or in Belgium or outside of Paris or at tens of thousands of Americans pur- Brownback Harkin Reed Bunning Hutchison Bellewood outside of Paris or in Tuni- sued the German Army in France, I Reid Burr Inhofe sia at the American cemetery in north- know what I will do tonight when I say Roberts Byrd Inouye Salazar ern Africa. my prayers. I will say a special prayer Cantwell Isakson I think it is appropriate for us to me- for those folks I never knew but with- Carper Jeffords Santorum Chafee Johnson Sessions morialize today what those of us who out whom I never could have lived the Chambliss Kennedy Shelby traveled on this trip saw to hopefully life that I have, and I will say thanks. Clinton Kerry Smith inspire other Members of the Senate, I will repeat the pledge I made to my- Snowe Coburn Kohl and hopefully every American at one self on the cemetery of Normandy. I Cochran Kyl Specter Coleman Landrieu Stabenow point in time in their life, to travel to said: Before I die, I am going to see to Collins Lautenberg Stevens these marvelous memorials. I have it that my children and my grand- Conrad Leahy Sununu been in elected office for most of the children get to visit this scene and Cornyn Levin Thomas have this experience because only Craig Lieberman Thune last 30 years. I have done more Memo- Dayton Lincoln Vitter rial Day ceremonies than one would through the preservation of the mem- DeMint Lott Voinovich want to count. They have all been ory of what those men fought and died DeWine Lugar Warner beautiful, they have all been meaning- for will we as Americans ever be able Dodd Martinez Wyden ful, but, quite frankly, they usually to continue to make the commitments NOT VOTING—11 aren’t very well attended because we have around the world to preserve Bingaman Frist Sarbanes Americans more often than not take liberty, preserve democracy, and pro- Burns Hagel Schumer Memorial Day as a 3-day vacation or a tect the people of the world’s right to Crapo Hatch Talent determine their own future and their Domenici Rockefeller 3-day weekend. But I would like to tell you what the people of Margraten in own peace and their own liberty. The nomination was confirmed. the Netherlands take Memorial Day as. So, Mr. President, on this day, June The PRESIDING OFFICER. Under When we went to the American ceme- 6, 2006, I thank God for the men and the previous order, the President will tery in the Netherlands and saw the women of the U.S. military, for the be immediately notified of the Senate’s over 6,000 graves of the American men leadership of the 20th century, and action. and women who died in liberating the pray that all of us will have the cour- f Netherlands, we were moved. We were age they had to continue to preserve LEGISLATIVE SESSION more moved by the fact that every one the liberty we all treasure and enjoy. of those graves is adopted by a citizen I yield the floor. The PRESIDING OFFICER. Under of the Netherlands who cares for that f the previous order, the Senate will now grave, leaves flowers at that grave, and resume legislative session. MARRIAGE PROTECTION AMEND- attends the ceremonies on Memorial MENT—MOTION TO PROCEED The Senator from Georgia. Day, the American Memorial Day, Mr. ISAKSON. Mr. President, I ask which we conduct. On that day in the The PRESIDING OFFICER. Under unanimous consent to address the Sen- Netherlands there were over 7,000 citi- the previous order, the Senate will re- ate as in morning business. zens—7,000 Dutch—who came to pay sume consideration of S.J. Res. 1, The PRESIDING OFFICER. Without tribute to the men and women of the which the clerk will report. The assistant legislative clerk read objection, it is so ordered. United States of America who died on as follows: f their soil so they could be free. The royal Dutch Air Force did a missing Motion to proceed to the consideration of EXPERIENCING MEMORIAL DAY S.J. Res. 1, proposing an amendment to the CELEBRATIONS ON FOREIGN SOILS man fly-over formation, and the senior Constitution of the United States relating to men’s choir of Holland sang ‘‘God Bless Mr. ISAKSON. Mr. President, I would marriage. America.’’ It was a moving scene un- The PRESIDING OFFICER (Mr. like to call everybody’s attention to like anything I have personally seen. It the special day that today is. Today is SUNUNU). The Senator from Colorado. renewed, for me, the faith and pride I Mr. ALLARD. Mr. President, I ask the 6th day of June. Sixty-two years have in all that is good about the ago today on the shores of France and unanimous consent that the time United States of America. today from 6 to 6:30 be under the con- Normandy, Omaha Beach, Sword Following that visit, we went to Nor- Beach, American troops and allied trol of the majority and from 6:30 to 7 mandy. We saw the monument the o’clock be under the control of the mi- forces invaded France, pushed back the French had erected to the Rangers who German Army, pushed through the nority. stormed the Normandy cliffs and The PRESIDING OFFICER. Is there Battle of the Bulge, and ultimately moved in and rooted out the Germans. objection? into Germany, and today, you and I We went to Omaha Beach and saw first- Mr. LEAHY. We have no objection. enjoy freedom and liberty in this coun- hand where the American troops came The PRESIDING OFFICER. Without try, as Europe enjoys its freedom, and across, where the Canadian troops objection, it is so ordered. as, in fact, the world enjoys its freedom came across, where the British troops Mr. ALLARD. Mr. President, I ask because of what those brave men and came across. We saw where in one day that LARRY CRAIG be added as a co- women did. 2,500 men of America died on the beach- sponsor to S.J. Res. 1. This past week, I had a unique occa- es of Normandy so that all of us today The PRESIDING OFFICER. Without sion to travel with the chairman of the can live in freedom and in hope and in objection, it is so ordered. Veterans’ Affairs Committee, Senator peace. Mr. ALLARD. Mr. President, we are CRAIG from Idaho, and with GEN Jack I commend Chairman CRAIG for mak- now talking about S.J. Res. 1, the Pro- Nicholson, who is the chairman of the ing this delegation. We found out we tection of Marriage Amendment. We

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