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Nominations (Cong. Rec., May 6, 2020)

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Congressional Record, Vol. 166, No. 85, Wednesday, May 6, 2020. The House was not in session, and its next meeting is on Friday, May 8, 2020, at 10 a.m. The Senate met at 11 a.m. Mr. Grassley's remarks under Coronavirus salute healthcare workers and mention National Nurses Day. The Senate resumes consideration of the nomination of William R. Evanina, of Pennsylvania, to be Director of the National Counterintelligence and Security Center. Mr. Schumer and Mr. McConnell each address the nomination of Justin Walker.

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“Nominations (Cong. Rec., May 6, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-06-crec-2020-05-06-pt1-pgs2253-11-f5791af338/, SHA-256 9593596b2adc20bd7a2932fa3e67da2c9990544f64157b89dbc74f070379854b.

Full text

                                                        Congressional Record
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                                                                                                                            116 th CONGRESS, SECOND SESSION
         United States
          of America                                     PROCEEDINGS AND DEBATES OF THE


      Vol. 166                                                        WASHINGTON, WEDNESDAY, MAY 6, 2020                                                                       No. 85


                                                     House of Representatives
                                               The House was not in session today. Its next meeting will be held on Friday, May 8, 2020, at 10 a.m.




                                                                                              Senate
                                                                                         WEDNESDAY, MAY 6, 2020

        The Senate met at 11 a.m. and was                                            The PRESIDING OFFICER. Without                                  EXECUTIVE SESSION
      called to order by the President pro                                         objection, it is so ordered.
      tempore (Mr. GRASSLEY).                                                                        f
                                                f                                                                                                 EXECUTIVE CALENDAR
                                                                                                 CORONAVIRUS
                      PRAYER                                                         Mr. GRASSLEY. COVID–19 has put                         The PRESIDING OFFICER. Under
        The Chaplain, Dr. Barry C. Black, of-                                      America through the wringer. There                     the previous order, the Senate will pro-
      fered the following prayer:                                                  will be many lessons learned and sto-                  ceed to executive session to resume
        Let us pray.                                                               ries to tell from this chapter of our his-             consideration of the following nomina-
        Eternal God, we continue to depend                                         tory.                                                  tion which the clerk will report.
      on You to fulfill Your purposes for our                                        Today, I salute the heroes working                     The senior assistant legislative clerk
      lives. You have told us that Your pur-                                       on the frontlines during this pandemic.                read the nomination of William R.
      pose for us is that we live for Your                                         I can’t overstate the debt of gratitude                Evanina, of Pennsylvania, to be Direc-
      glory. As our lawmakers strive to do                                         we owe the healthcare professionals                    tor of the National Counterintelligence
      Your will, bringing honor to Your                                            who selflessly put their own lives on                  and Security Center. (New Position)
      name, have Your way in all they say                                          the line to care for COVID–19 patients.                       RECOGNITION OF THE MAJORITY LEADER
      and do.                                                                      Our doctors, nurses, respiratory thera-                  The PRESIDING OFFICER. The ma-
        Lord, send them Your help from ce-                                         pists, nursing home workers, phar-                     jority leader is recognized.
      lestial portals so that they will please                                     macists, and first responders are                                         NOMINATIONS
      You and be Your ambassadors during                                           among those who have shouldered                          Mr. MCCONNELL. Mr. President, the
      these challenging times. Rescue them                                         physical and mental exhaustion to heal                 core business of our Nation does not
      from anything that will keep them                                            the sick. In fact, today is National                   stop while we fight the coronavirus.
      from remembering that nothing is im-                                         Nurses Day. So I give our nurses an                    This week, Senate committees are con-
      possible for you.                                                            extra applause on this their day. To                   ducting oversight and holding hear-
        Be exalted, O God, above the highest                                       the legions of healthcare professionals                ings. Members are tracking the imple-
      heavens. Let Your glory shine in our                                         across America, thank you for the full                 mentation of the CARES Act. We are
      Nation and world.                                                            measure of devotion you have shown to                  discussing how Congress could do ev-
        We pray in Your loving Name. Amen.                                         your community and to our great                        erything from further strengthening
                                                f                                  country.                                               the health response to ensuring that a
                                                                                     I yield the floor.                                   second epidemic of frivolous lawsuits
           PLEDGE OF ALLEGIANCE                                                                      f                                    does not redirect the national recovery
        The President pro tempore led the                                                                                                 into a trial lawyer bonanza.
                                                                                     RESERVATION OF LEADER TIME
      Pledge of Allegiance, as follows:                                                                                                     Here on the floor, we are filling
        I pledge allegiance to the Flag of the                                       The PRESIDING OFFICER. Under                         major vacancies in the Federal Govern-
      United States of America, and to the Repub-                                  the previous order, the leadership time                ment. Today, we will confirm Bill
      lic for which it stands, one nation under God,                               is reserved.                                           Evanina to lead the National Counter-
      indivisible, with liberty and justice for all.                                                 f                                    intelligence and Security Center. As
        The   PRESIDING OFFICER (Mr.                                                                                                      our Nation grapples with challenges at
      SASSE). The Senator from Iowa.                                                    CONCLUSION OF MORNING                             home, it is critically important that a
        Mr. GRASSLEY. Mr. President, I ask                                                        BUSINESS                                full complement of skilled profes-
      to speak in morning business for 1                                             The PRESIDING OFFICER. Morning                       sionals keep a close watch on our foes,
      minute.                                                                      business is closed.                                    adversaries, and competitors.


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

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      S2254                                             CONGRESSIONAL RECORD — SENATE                                                             May 6, 2020
        Mr. Evanina’s nomination will make                    Walker was tapped to serve the people                   The senior assistant legislative clerk
      him the first Senate-confirmed Direc-                   of Kentucky on the Federal district                   proceeded to call the roll.
      tor of the NCSC. This role represents                   bench, he wasted no time in expanding                   Mr. SCHUMER. Mr. President, I ask
      our government’s senior-most expert in                  his strong reputation for intellectual                unanimous consent that the order for
      counterintelligence. Fortunately, this                  brilliance, legal acumen, and total fair-             the quorum call be rescinded.
      nominee has served for 3 decades as                     ness and impartiality.                                  The PRESIDING OFFICER. Without
      special agent with the FBI, as chief of                    In just the last few weeks, Judge                  objection, it is so ordered.
      the CIA’s Counterespionage Group, and                   Walker has won national attention for                         RECOGNITION OF THE MINORITY LEADER
      as one of the principal advisers to the                 an eloquent and persuasive opinion                     The PRESIDING OFFICER.                  The
      Director of National Intelligence.                      that forcefully defended Kentuckians’                 Democratic leader is recognized.
        Mr. Evanina’s long professional expe-                 basic First Amendment freedom of reli-                           NOMINATION OF JUSTIN WALKER
      rience has given him a well-trained                     gion, and he has earned a ‘‘well-quali-                 Mr. SCHUMER. Mr. President, the
      eye. He has made clear he is focused on                 fied’’ rating from the left-leaning                   Senate is here, open for business. The
      the most serious espionage threats fac-                 American Bar Association that Senate                  janitors and food service workers, po-
      ing our country today: China’s insid-                   Democrats, like my friend the Demo-                   lice officers, and all the staff who oper-
      ious efforts to steal our industrial, gov-              cratic leader, have frequently described              ate the floor are here. They are all
      ernmental, technological, and political                 as ‘‘the gold standard.’’                             here. Capitol Police are doing their
      secrets and Russia’s continuing efforts                    Let me say that again. In the span of              usual excellent job.
      to meddle in our democracy. We have a                   just a couple of weeks, almost simulta-                 The Republican leader called us back
      qualified professional who is tailor-                   neously, Judge Walker has won praise                  despite the obvious health risks, but
      made for an important job. Our col-                     from religious freedom advocates na-                  we are ready to do the business our
      leagues on the Intelligence Committee                   tionwide and the approval of the ABA,                 country demands. So there is a ques-
      have reported him out on a unanimous                    which Democrats call ‘‘the gold stand-                tion that looms: Why isn’t the Senate
      bipartisan basis twice. The vice chair-                 ard.’’ That illustrates the kind of im-               focused on responding to the COVID–19
      man, Senator WARNER, said: ‘‘Bill                       pressive individual the committee is                  pandemic? There hasn’t been a single
      Evanina should be confirmed without                     considering this morning.                             vote here on the Senate floor related to
      further delay.’’                                           Already, Judge Walker’s reputation                 coronavirus—not even a nominee re-
        But even still, our Democratic col-                   as a brilliant legal rising star precedes             lated to coronavirus.
      leagues chose to obstruct his nomina-                   him. Yet, when you consider the full                    Rather than focusing on COVID–19
      tion on the floor this week and require                 scope of his education and experience,                with laser-like intensity, the Senate
      a full day of floor time to confirm.                    it is hardly a surprise. Judge Walker                 Judiciary Committee today will waste
      Ironically, at the same time, we have                   graduated      from   Duke      University            precious time on the nomination of
      also heard some of our Democratic col-                  summa cum laude. He graduated from                    Leader MCCONNELL’s protegee, Justin
      leagues complain that we spend too                      Harvard Law School magna cum laude,                   Walker, to serve on the DC Court of
      much time voting on nominations. It is                  and he edited the Law Review.                         Appeals, the second most powerful
                                                                 He had prestigious clerkships at the
      bad enough to spend 3 years delaying                                                                          court in the country.
                                                              DC Circuit for then-Judge Brett
      nominations to a historic degree and                                                                            Mr. Walker is a 37-year-old Fed-
                                                              Kavanaugh and at the Supreme Court
      deliberately making the process pain-                                                                         eralist Society disciple who has more
                                                              for then-Justice Anthony Kennedy. He
      ful, but it reached a new level of irony                                                                      experience as a cable news commen-
                                                              learned at the elbows of legal giants.
      for our Democratic friends to do all                                                                          tator than he does trying cases in
                                                              Then, he moved on to skilled perform-
      that and then complain that their own                                                                         court. Mr. Walker’s qualifications pale
                                                              ance in private practice, and then to
      strategy is inconveniencing their                                                                             in comparison to those of previous
                                                              distinguished scholarship at the Uni-
      schedules.                                                                                                    nominees to the DC Circuit—Democrat
                                                              versity of Louisville Law School, with
        Essential matters of government do                                                                          and Republican. Nominees by Demo-
                                                              particular expertise in national secu-
      not cease because of the coronavirus.                                                                         cratic Presidents and Republican Presi-
                                                              rity, administrative law, and the sepa-
      They do not cease because of partisan-                                                                        dents all were deeply steeped in the
                                                              ration of powers.
      ship either. As long as Senate Demo-                       Indeed, it is an impressive record. As             law—just about every one—and here we
      crats continue to make incredibly                       Kentucky’s secretary of State, Mike                   have this?
      qualified nominees travel the hard                      Adams, put it recently, ‘‘Judge Walker                  What Leader MCCONNELL is doing to
      way, including someone whom their                       is more than just a [C.V.].’’ Hence, the              the courts is nothing short of disgrace-
      own Democratic ranking member open-                     outpouring of praise from his peers,                  ful. The judges currently sitting on the
      ly praised, then, I will assure them                    colleagues, and neighbors in Kentucky                 second highest court in the land had
      they will need to continue to show up                   who know him well. One hundred Ken-                   decades of experience in Supreme
      and cast votes. The country’s business                  tucky lawyers, many of whom have                      Court advocacy, appellate work, crimi-
      will not go undone.                                     practiced before Judge Walker in the                  nal law, private practice, academia,
              NOMINATION OF JUSTIN WALKER                     district court, wrote to praise his                   and so on, prior to their nominations.
        Mr. President, speaking of nomina-                    ‘‘courage to apply precedent faith-                   Mr. Walker has been a district court
      tions, this morning our colleagues on                   fully.’’ Sixteen State attorneys general              judge for less than a year—less than a
      the Judiciary Committee are exam-                       wrote to share their confidence in                    year. He had no trial experience prior
      ining the qualifications of Judge Justin                Judge Walker’s ability to ‘‘weigh the                 to that.
      Walker. Judge Walker is a fellow Ken-                   facts against the law as it is written                  Inexperience aside, bad enough as
      tuckian. He is a district judge of the                  . . . not as he wishes it to be.’’                    that is, Walker’s views are way out of
      Western District of Kentucky, and he                       I am confident our colleagues on the               the mainstream. In 2018, he described
      is President Trump’s nominee to serve                   committee will find that this nominee                 Chief Justice Roberts’ opinion uphold-
      on our second most important Federal                    possesses a generational legal mind, a                ing our healthcare law as ‘‘indefen-
      Court, the Court of Appeals for the Dis-                kind heart, and total judicial impar-                 sible’’ and ‘‘catastrophic.’’ Meanwhile,
      trict of Columbia.                                      tiality.                                              he praised a dissenting opinion by
        I am grateful to Chairman GRAHAM                         President Trump made an out-                       then-Judge Kavanaugh as a ‘‘roadmap
      and all the other chairmen who are                      standing choice when he asked this                    for the Supreme Court’’ to invalidate
      finding creative ways to conduct im-                    Kentuckian to take his public service                 it.
      portant business. The Senate is dem-                    to the next level. I am confident Judge                 Every Republican who votes for this
      onstrating that the work of governing                   Walker will not disappoint. I urge the                nominee, Mr. Walker, will be voting to
      must and can continue, albeit in new                    committee to approve his nomination.                  dismantle the ACA and take millions
      ways.                                                   I look forward to voting to confirm                   of people’s healthcare away from them
        So to respect this time of social                     him soon here on the Senate floor.                    if his statements prove to be how he
      distancing, I am going to offer my in-                     I suggest the absence of a quorum.                 judges things, which seems very likely
      troduction here on the floor instead of                    The PRESIDING OFFICER. The                         given previous experience of other
      over in the committee. Since Judge                      clerk will call the roll.                             nominees like this.



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