E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION Vol. 155 WASHINGTON, FRIDAY, JANUARY 30, 2009 No. 19 House of Representatives The House was not in session today. Its next meeting will be held on Monday, February 2, 2009, at 2 p.m. Senate FRIDAY, JANUARY 30, 2009 The Senate met at 9:31 a.m. and was to the Senate from the President pro RESERVATION OF LEADER TIME called to order by the Honorable MARK tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- R. WARNER, a Senator from the Com- The assistant legislative clerk read pore. Under the previous order, the monwealth of Virginia. the following letter: leadership time is reserved. U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, f Washington, DC, January 30, 2009. The Chaplain, Dr. Barry C. Black, of- MORNING BUSINESS fered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- Let us pray. of the Standing Rules of the Senate, I hereby Eternal Spirit, our shelter in the pore. Under the previous order, the appoint the Honorable MARK R. WARNER, a Senate will proceed to a period for the time of storm, our rock in a weary Senator from the Commonwealth of Vir- land, Lord, we live in challenging ginia, to perform the duties of the Chair. transaction of morning business, with times that require more than human ROBERT C. BYRD, Senators permitted to speak for up to solutions for our problems. In the President pro tempore. 10 minutes each. midst of these days, help our law- Mr. WARNER thereupon assumed the Mr. REID. I suggest the absence of a makers to find in You a sure place to chair as Acting President pro tempore. quorum. stand and a strong support they can ab- The ACTING PRESIDENT pro tem- solutely trust. Lord, give them such f pore. The clerk will call the roll. faith in You that they will seek and The assistant legislative clerk pro- follow Your guidance, living lives that RECOGNITION OF THE MAJORITY ceeded to call the roll. honor Your Name. Rule in their hearts LEADER Mr. CORNYN. Mr. President, I ask as they deliberate so that Your higher The ACTING PRESIDENT pro tem- unanimous consent that the order for wisdom will prevail. Help them to re- pore. The majority leader is recog- the quorum call be rescinded. member that they must give an ac- nized. The ACTING PRESIDENT pro tem- count to You for how responsible they pore. Without objection, it is so or- are in carrying out their duties. f dered. We pray in Your strong Name. Amen. Mr. CORNYN. Mr. President, I also SCHEDULE ask unanimous consent to speak for as f much time as I may use in morning Mr. REID. Mr. President, we are business. PLEDGE OF ALLEGIANCE going to be in a period for the trans- The ACTING PRESIDENT pro tem- The Honorable MARK R. WARNER led action of morning business today. Sen- pore. Without objection, it is so or- the Pledge of Allegiance, as follows: ators will be allowed to speak for up to dered. 10 minutes each. There will be no roll- I pledge allegiance to the Flag of the The Senator from Texas is recog- United States of America, and to the Repub- call votes today, as we announced last nized. lic for which it stands, one nation under God, night. We will proceed to the consider- indivisible, with liberty and justice for all. ation of the American Recovery and In- f f vestment Act of 2009 on Monday. Under a previous agreement, the Senate will NOMINATION OF ERIC HOLDER APPOINTMENT OF ACTING debate and vote on the Holder nomina- Mr. CORNYN. Mr. President, on Mon- PRESIDENT PRO TEMPORE tion to be Attorney General of the day, the Senate will take up the nomi- The PRESIDING OFFICER. The United States. That will occur at 6:15 nation of Eric Holder to be the next At- clerk will please read a communication p.m. on Monday. torney General of the United States. I ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S1103 . VerDate Nov 24 2008 00:58 Jan 31, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A30JA6.000 S30JAPT1 rfrederick on PROD1PC67 with SENATE S1104 CONGRESSIONAL RECORD — SENATE January 30, 2009 serve on the Senate Judiciary Com- Rich pardon, his misjudgments and convicted were not, in and of them- mittee, and that committee held hear- shifting opinions with regard to the selves, violent crimes, but by that ings regarding Mr. Holder’s confirma- war on terror, and his record of hos- standard, Saddam Hussein did not com- tion. Regrettably, last Wednesday, tility toward the individual’s right to mit crimes, unless he pulled the trigger when the Senate Judiciary Committee keep and bear arms. himself. Likewise, Osama bin Laden, voted that nomination out of the com- First, I would ask my colleagues to responsible for the deaths of thousands mittee, I was a ‘‘no’’ vote. consider Mr. Holder’s role in the FALN of innocent American citizens, would I wish to say that originally I ap- and Los Macheteros commutations. In not be linked to crime under the stand- proached this nomination with an open August 1999, President Clinton offered ard Mr. Holder posits. mind and a determination to ask—in- clemency to 16 members of two Puerto There is ample evidence that at least deed to demand—answers to legitimate Rican separatist terrorist organiza- some of the men for whom Eric Holder questions. I think that is the responsi- tions, FALN and Los Macheteros. Dep- recommended clemency were, in fact, bility of each Senator under the Con- uty Attorney General Eric Holder murderers. These commutations were, stitution in performing our duties of made the recommendation that he at the time, widely believed to have advice and consent. I also think it is should do so. The FALN was a clandes- some political motivation. Indeed, the important for me to explain why, even tine terrorist group devoted to bring- Clinton White House discussed how though I approached that nomination ing about the independence of Puerto these clemencies would affect then- with an open mind and a predisposition Rico through violent means. Its mem- Vice President Gore’s political stand- to vote for Mr. Holder’s nomination, I bers waged open war on the United ing within the Puerto Rican commu- ultimately concluded, as a result of States, with more than 150 bombings, nity. For this reason, I believe a full some of the evidence, which I will lay arsons, kidnappings, prison escapes, accounting of whom Mr. Holder met out, I could not do so in good con- threats and intimidation, which re- with, what they discussed, and what science. sulted in the deaths of at least six peo- went into his decision to recommend Mr. Holder, of course, served as Dep- ple and injuries to many more between these commutations is in order. uty Attorney General during the Clin- 1974 and 1983. But there is another equally impor- ton administration, and if there is any The most gruesome attack was in tant reason that these questions must public service that is more illustrative 1975 in lower Manhattan. Timed to ex- be answered. The victims of the FALN of how someone will actually perform plode during the lunch hour, the bomb and the Los Macheteros deserve an- as Attorney General, I think it would decapitated 1 of the 4 people killed and swers. I would encourage all my col- be in performing as Deputy Attorney injured another 60. In another attack leagues, before voting, to review the General. The Deputy Attorney General in Puerto Rico, Los Macheteros opened testimony of Joseph Connor, whose fa- is the one job on Earth most similar to fire on a bus of U.S. sailors. Two Amer- ther was killed in the bombing in lower the job for which Mr. Holder will be ican sailors were killed and nine were Manhattan in 1975. Mr. Connor testified confirmed on Monday. It is rare to wounded. Fortunately, much of the that Mr. Holder did not consult with have such a clear picture of the job a leadership and membership of these him, did not inform him or his family nominee will do if confirmed. Thus, I terrorist groups was captured and or other victims before recommending reviewed Mr. Holder’s record with brought to justice in the late 1970s and that the President set FALN terrorists great care, as you might expect, and early 1980s. By the late 1980s, the worst free. also with great interest. of the FALN’s reign of terror was over. I cannot vote for Mr. Holder until I Unfortunately, two of Mr. Holder’s In the early 1990s, sympathetic activ- can explain my vote to Joseph Connor. actions as Deputy Attorney General: ists petitioned for clemency on behalf Because Mr. Holder has failed to an- the recommendation that President of these terrorists, and it was an easy swer my questions about the FALN Clinton commute the sentences of 16 call for the pardon attorney. The par- commutations, I do not have an expla- Puerto Rican separatist terrorists and don attorney is the attorney at the De- nation I can give to Mr. Connor. the recommendation that President partment of Justice who reviews clem- One of the reasons Mr. Holder has re- Clinton pardon the billionaire fugitive ency requests and makes recommenda- fused to answer some questions is, it Marc Rich, raised serious questions tions.