July 30, 2003 CONGRESSIONAL RECORD—SENATE 20139 speaking on behalf of or against judges the investigation which needs to be thinking. I am confident that when the is very important. I say that not only done on this nominee, the Senate Members of the Senate and the public to the Senators but to our majority would be much better informed, the fully understand and consider his prej- leader. It is also very important that American people would be much better udices and attitudes, a majority of the we pass an Energy bill. We have been informed, and the judiciary would be Senate, with the strong support of the waiting for weeks and weeks. This much better served. That is not the de- public, will agree that he does not committee was asked to put a bill to- cision of the leadership and, therefore, merit confirmation to a lifetime seat gether. The Senator from New Mexico we believed that as the day wore on, on an appellate court that often has wants to get the Energy bill finished. after 5, we would at least have an op- the last word on vital issues, not only Clearly, I find nothing in the rules that portunity, since this is an enormously for the 41⁄2 million people of Alabama says the Senator from Massachusetts is serious nominee for a very serious posi- but also for the 8 million people of not entitled to make his speech of 30 tion and there are very serious charges, Georgia and the 15 million people of minutes or up to an hour. I do believe to address the Senate. Florida. In fact, this nomination does it is important, nonetheless, that Mr. SARBANES. Will the Senator not belong on the Senate floor at this somewhere along the line there be yield for a further question? time. some accommodation and that we pro- Mr. KENNEDY. Yes. The Pryor nomination was reported ceed to get the Energy bill finished. I Mr. SARBANES. It is my under- out of the committee as a result of a understand there are four or five standing that twice this week, if I am gross violation of the same committee amendments. I wish I could see them not mistaken, we have had to go off of rule of procedure which caused the sooner or later so I will know what the Energy bill, which we are being Cook and Roberts nominations to be they are about but nobody owes me told we must move forward, in order to held up in the Senate floor earlier this that, either. We will take it as it address other judgeship nominees who year. The Judiciary Committee has a comes. had previously been voted on a number rule which clearly prevents the termi- I will ask the distinguished majority of times. So we have been diverted off nation of debate on a nominee unless a leader to be accommodating so we can the track of the Energy bill by these majority of the committee, including get this bill finished, but I am doing judicial nominees, not of our doing but at least one member of the minority, is that with great trepidation, not as to because of the scheduling which the ready to vote on the nominee. Senator KENNEDY but as to whether other side has undertaken. there is a willingness to pursue this I know our assistant leader has been This rule, Rule 4, was adopted at the bill with vigor if that accommodation concerned about that as well, if I am insistence of Senator HATCH, Senator is made. I am not sure about that based not mistaken, in that regard. Is that Thurmond, and other Republicans in on some things that have been hap- not correct? 1979, when I was chairman of the Judi- pening but I hope it is. It is with that Mr. KENNEDY. The Senator is cor- ciary Committee, as a reasonable pro- in mind that I will talk to the leader, rect. As the Senator remembers, I tection for the minority. After the rule hoping it does mean that if accommo- think those votes were in the late was ignored in the Cook and Roberts dation is made, we will proceed with morning and even interrupted com- case, we thought we had resolved this dispatch on the Energy bill. mittee work at that time, which many matter amicably and equitably. Both I thank the Senator for yielding to of us were involved in, let alone the nominees were later confirmed based me. consideration of the Energy bill. on a clear understanding that Demo- The PRESIDING OFFICER. The Sen- Mr. SARBANES. I thank the Sen- crats would not in the future be de- ator from Massachusetts. ator. prived of their Rule 4 rights. Mr. SARBANES. Will the Senator Mr. KENNEDY. I thank the Senator After all, these rules were put in yield for a question? from Maryland. place at the start of this Congress, Mr. KENNEDY. I will be glad to yield The PRESIDING OFFICER. The Sen- with the support of the Republican for a question. ator from Massachusetts. chairman of the committee, and now Mr. SARBANES. I have been listen- f we have seen a blatant and flagrant ing to this discussion. Am I correct in NOMINATIONS disregard, which is not just an issue of saying that the Senator would not be procedure but affects the substance of seeking to speak now if the other side Mr. KENNEDY. Mr. President, con- this issue in a very important way. had not indicated that they were in- trary to the widespread impression of a Just as important is the reason why tending to try to bring the nomination partisan breakdown in the judicial Democrats were unwilling to vote on of Mr. Pryor to the Senate tomorrow? nomination process, Democrats in this this nomination in the committee. The Is that right? closely divided Senate have, in fact, Mr. KENNEDY. The Senator is ex- tried our best to cooperate with the reporting of this nomination was to- actly correct. President on judicial nominations. We tally premature because the committee Mr. SARBANES. The Senator is not have largely succeeded, even though was forced to move to a vote in the inserting himself into the debate on there are a handful of nominees who we midst of a serious investigation of sub- the Energy bill seeking to slow the En- believe are too extreme. stantive questions of candor and ethics ergy bill down; he is prompted to do Since President Bush’s inauguration, raised at the hearing by the nominee’s this by the fact that the other side is the Senate has confirmed 140 of his own testimony, by his answers and scheduling this nominee for a vote, I nominees and so far blocked only 2. We non-answers to the committee’s fol- understand, with no debate whatso- have said ‘‘no’’ in those cases partly lowup questions. ever. Is that correct? because these few nominees were too On Friday, Chairman HATCH pre- Mr. KENNEDY. Well, that is correct. extreme for lifetime judicial appoint- sented a version of the history of this It is not the members of the Judiciary ments and partly because the White nomination and this investigation Committee who are holding up the con- House and the Senate majority have which does not comport with the facts. sideration of the Energy bill. It is the tried to jam the nominations through I want to go through that history so decision to put before the Senate, the Senate without respect for the Sen- the Senate can fully understand that under the legitimate procedures of the ate’s advice and consent role under the Democrats have proceeded expedi- Senate, a cloture petition to have a Constitution and without respect for tiously and responsibly and that the vote on this nominee, effectively shut- the Senate rules and traditions. rush to judgment in the committee last ting off all the debate. The nomination of Mr. Pryor illus- week was an effort to cut off an impor- Quite clearly, my own belief is if we trates all of these issues. Even his ad- tant investigation. The full Senate de- had the time, and also had the time vocates concede that his attitudes and serves to know its result before it con- during the August recess, to complete beliefs are the very extreme of legal siders this nomination. VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20140 CONGRESSIONAL RECORD—SENATE July 30, 2003 The basic facts on this issue are The association’s own materials show the future, to get to the bottom of this, straightforward. Democrats did not in- that its contributions were being given in fairness to the nominee and so that vent the issue. Years before this nomi- to the association and that the writing the Senate will be able to make its nation, lengthy articles in Texas and of checks to an aggregated account of judgment. DC newspapers raised the question of the Republican National Committee Senator HATCH’s floor statement the propriety of the activities of the was merely a way to use a reporting made much of the number of times the Republican Attorneys General Associa- loophole to mask the association’s con- Pryor nomination appeared on the tion. tributions and the amounts of their committee’s agenda. In fact, the Pryor It was reported that the organization gifts. nomination was on the agenda for June sought campaign contributions to sup- Even more startling, Mr.