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, FRIDAY, MAY 26, 2006 No. 68 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 6, 2006, at 2 p.m. Senate FRIDAY, MAY 26, 2006 The Senate met at 8:45 a.m. and was EXECUTIVE SESSION This vote will go forward, unlike the called to order by the President pro votes for two far more qualified people tempore (Mr. STEVENS). nominated by President Clinton who NOMINATION OF BRETT M. were pocket-filibustered by the Repub- PRAYER KAVANAUGH TO BE UNITED lican leadership of the Senate, along The Chaplain, Dr. Barry C. Black, of- STATES CIRCUIT JUDGE FOR with 59 other judges nominated by fered the following prayer: THE DISTRICT OF COLUMBIA President Clinton who were pocket-fili- May we pray. CIRCUIT bustered by the Republican leadership. Eternal, sovereign Lord, supply our The PRESIDENT pro tempore. Under What I worry about with this nomi- needs for today. the previous order, the Senate will pro- nation of Mr. Kavanaugh, whose ABA Give strength to the weak as they ceed to executive session and resume shoulder heavy responsibilities. Give the consideration of Calendar No. 632, rating has been downgraded—it is al- rest to the weary, that their tired which the clerk will report. most unprecedented to see that hap- hands will find new vigor. Give comfort The legislative clerk read the nomi- pen—is that he is a man who in all his to the sorrowful and compensate them nation of Brett M. Kavanaugh, of statements spoke of making rulings for every joy that life takes away. Give Maryland, to be United States Circuit that would make President Bush all of us the presence of Your love, that Judge for the District of Columbia Cir- proud. This is an independent branch of we may find the peace of sins forgiven cuit. Government. He is not supposed to and the power to break the chains of The PRESIDENT pro tempore. The make any President—Republican or temptation. distinguished minority leader is recog- Democratic—proud. He is not supposed Use our Senators today for Your nized. to be a rubberstamp for anybody. glory. Uphold them when they reach Mr. REID. Mr. President, the distin- I think when you have a Republican- the limits of their strength. guished ranking member of the Judici- We pray in Your powerful Name. ary Committee wishes to speak on the controlled Congress which has refused Amen. nomination of Brett Kavanaugh. I also to be a check on the Bush-Cheney ad- wish to do that. ministration, whether it is the war in f I ask that the Senator from Vermont Iraq, the lack of weapons of mass de- be recognized. struction, the failures of Homeland Se- PLEDGE OF ALLEGIANCE The PRESIDENT pro tempore. The curity with Katrina, or this latest fi- The PRESIDENT pro tempore led the Senator from Vermont is recognized. asco in the Veterans’ Administration, Pledge of Allegiance, as follows: Mr. LEAHY. Mr. President, we are there is no accountability. We at least I pledge allegiance to the Flag of the concluding the debate on the con- should be able to speak to our courts United States of America, and to the Repub- troversial nomination of Brett and to expect our courts to be account- lic for which it stands, one nation under God, Kavanaugh to a seat on the Court of able. indivisible, with liberty and justice for all. Appeals for the District of Columbia Circuit. This is an administration that has f I spoke last evening, and I shall not been secretly wiretapping Americans speak longer today except to again ex- for years without warrants, despite the RESERVATION OF LEADER TIME press my concern that we are putting a requirements of the law. This is an ad- The PRESIDENT pro tempore. Under person with no judicial experience on ministration that refused to allow the the previous order, leadership time is the second most powerful court in the Justice Department’s own Office of reserved. land. Professional Responsibility to proceed ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5303 . VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.000 S26MYPT1 ycherry on PROD1PC64 with SENATE S5304 CONGRESSIONAL RECORD — SENATE May 26, 2006 with an investigation into whether Now we are considering a nominee by the fact that he has been nominated Justice Department lawyers violated today, Brett Kavanaugh, who is a to the DC Circuit, a court which the their responsibilities or the law in es- young and relatively inexperienced, Republicans have spent more than a tablishing and justifying programs to but ambitious member of the White decade trying to pack. They spent spy on Americans. This is an internal House’s inner circle. He is the Presi- President Clinton’s second term block- government investigation that is being dent’s pick to put another ally and ing his highly-qualified nominees, stymied by the administration. trusted vote on the DC Circuit. He has Elena Kagan, now Dean of Harvard Law This is an administration that has spent most of his legal career in par- School, and Allen Snyder, a former operated behind a wall of secrecy and tisan political positions. As Staff Sec- clerk to Chief Justice Rehnquist and that has issued secret legal opinions retary to the President, Mr. highly respected litigator. Nonetheless, justifying the use of torture and ren- Kavanaugh has been involved in Presi- I voted to confirm Judge John Roberts dition of prisoners to other countries, dent Bush’s use of 750 Presidential to be a member of the DC Circuit and ignoring the dangers such tactics pose signing statements designed to reserve later supported his nomination to be to our own soldiers and Americans for the President alone the power to Chief Justice of the Supreme Court. around the world. This is an adminis- choose whether to enforce laws passed tration that is talking about pros- by Congress. As an Associate White After the Senate last year confirmed ecuting reporters and newspapers for House Counsel, Mr. Kavanaugh worked two of President Bush’s nominees that trying to inform the American people with Karl Rove on the President’s plan I strongly opposed—Janice Rogers about their government. This is an ad- to pack the Federal bench with Brown and Thomas Griffith—Repub- ministration that says the law is what ideologues such as William Pryor, Jan- lican appointees now comprise a two- the President decides the law should be ice Rogers Brown and others. He helped to-one majority on this important not what Congress passes. justify the wall of secrecy that has court. This is not a court that needs What is desperately lacking through- shrouded so many of the White House’s another rubberstamp for the Presi- out this administration and this Re- activities. dent’s political ally. publican-controlled Congress is ac- At his hearing Mr. Kavanaugh em- The Senate Republican leadership is countability. I will give you one exam- phasized, as if a qualification, that he catering to the extreme rightwing and had ‘‘earned the trust of the President’’ ple. special interest groups agitating for a Yesterday, those responsible for and his ‘‘senior staff.’’ All that may be fight over judicial nominations. With a Enron’s collapse, which caused so useful for advancement within this number of judicial nominees ready for many employees and investors to lose President’s administration or Repub- bipartisan confirmation, the Senate their savings, were held accountable in lican circles, but those are hardly a court of law. Precious little was done qualities or qualifications for an inde- Republican leadership would rather by the Republican-controlled Congress pendent judge of this President and concentrate on this controversial and to look into that. It required an inde- this administration’s actions. Indeed, divisive nominee. That this nomination pendent court of law. Of course, Enron when pressed at his confirmation hear- has not moved forward for 3 years is in- had been very generous to the Presi- ing to provide answers about his quali- dicative of the fact that even Repub- dent and to others and to many among fications for this lifetime appointment lican Senators know what a poor nomi- the Republican leadership in the House and how he would fulfill his respon- nation this is. They have made no se- and Senate in their contributions. sibilities as a judge, Mr. Kavanaugh cret of the reason for rushing this nom- I compliment the President, who yes- sounded like a spokesman and rep- ination through the Senate now, after terday expressed some regrets over the resentative for the administration. it has languished for 3 years under Re- disastrous course he charted in Iraq; he Over and over he answered our ques- publican control, and after the nomi- began to acknowledge the harm done tions by alluding to what the President nee admitted to slow-walking his re- to this country in Abu Ghraib—far dif- would want and what the President sponses to this committee. They want ferent than during his campaign when would want him to do. We heard from to stir up a fight. They want to score he said he could not think of a mistake a nominee who parroted the adminis- cheap political points at the expense of he had ever made except for some of his tration’s talking points on subject another lifetime appointment to the nominations.