Senate Floor Remarks on the JUSTICE Act, June 17, 2020 — Congressional Record
Summary
A page of the Congressional Record, Senate, dated June 17, 2020, beginning at page S3041. It opens with the close of remarks on the Great American Outdoors Act, saying it will create over 100,000 jobs. Mr. Scott of South Carolina then speaks on the JUSTICE Act, the Republican response to police reform, on the day of remembrance for Mother Emanuel Church, and objects to a Senator from Illinois calling the legislation a token. He says he started the conversation on body cameras in 2015 and that some colleagues are more interested in scoring political points than getting a result. Mr. Lankford later compares South Korea, where fewer than 300 died of the coronavirus, with over 110,000 American deaths.
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“Senate Floor Remarks on the JUSTICE Act, June 17, 2020 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-17-crec-2020-06-17-pt1-pgs3041-e5d5d76bd5/
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June 17, 2020 CONGRESSIONAL RECORD — SENATE S3041
that is supported by the administra- form. I was sitting in my office when I started this conversation on body
tion. My hope is that the House will the Senator from Illinois talked about cameras in 2015, in the Walter Scott
move quickly on this. What better the ‘‘token’’ legislation on this day, Notification Act in 2015. But, no, we
present to our Nation than to have this the day that we remember Mother want to have a political conversation. I
legislation signed into law, hopefully, Emanuel Church and the nine lost lives reject that. I reject that.
by July 4. and my friend, the pastor of the I will tell you that I believe my
As we all know, at a time of signifi- church, Clementa Pinckney—the first friends on the other side of the aisle
cant division in our country, the fact person ever to call me a Senator, the are serious about police reform. There
that this body was able to come to- pastor of that church, a Democrat pas- are just some who are more interested
gether and pass this bill with over 70 tor of that church said to me ‘‘My Sen- in scoring political points than they
votes gives me a little bit of hope. ator,’’ in December of 2012—and reflect actually are in getting a result.
Again, I am proud of my colleagues for back on the fact that I have on my It is not the majority of them. The
stepping up to restore our national phone today the text for Clementa in majority of them have the same heart
parks and public lands, and as I men- which I said: Are you OK? He didn’t an- that we have for the American people.
tioned at the outset, this legislation swer because he was already dead. That is where we should be focusing
will create over 100,000 jobs, jobs that To think that on this day, as we try our attention, not the color of my skin,
are extraordinarily needed at this crit- to make sure that fewer people lose not tokens. It is cool when you are out
ical moment when our economy has confidence in this Nation, to have the in the public. I get it all the time on
been shattered. So for current Ameri- Senator from Illinois refer to this proc- Twitter. I am used to it. But on this
cans and future Americans, job well ess, this bill, this opportunity to re- day, my heart aches for my State. My
done. store hope and confidence and trust to heart aches for my uncle’s church,
I yield the floor. the American people, to African Amer- which he attended for 50 years before
I suggest the absence of a quorum. icans, to communities of color—to call he passed. So I am a little riled up.
The PRESIDING OFFICER. The this a token process hurts my soul for I sit here quietly trying to pass good
clerk will call the roll. my country, for our people. legislation that was based on the House
The bill clerk proceeded to call the To think that the concept of anti- bill because I knew that if I wanted a
roll. lynching that is a part of this legisla- chance to get something done, we had
Mr. SCOTT of South Carolina. Mr. tion would be considered a token piece to do it in a bipartisan fashion. I am
President, I ask unanimous consent of legislation because, perhaps, I am not running for anything. I am not up
that the order for the quorum call be African American and the only one on for reelection. I am not trying to sup-
rescinded. this side of the aisle—I don’t know port someone for their victory. I am
The PRESIDING OFFICER. Without what he meant, but I can tell you that, simply saying to the families I met
objection, it is so ordered. on this day, to hear those comments, with yesterday at the White House
JUSTICE ACT again, hurts the soul. without a camera and in my office yes-
Mr. SCOTT of South Carolina. Mr. To think about how, in the same terday without a camera: I hear you.
President, I woke up this morning, year, 2015, Walter Scott, in my home- We see you. You are not simply sitting
Wednesday morning, June 17, 2020, and town of North Charleston, running there silent. We are working on seri-
for so many Americans, this is just an- away from the police, was shot five ous, tangible, measurable results.
other Wednesday morning. You wake times in the back—I sponsored legisla- Why is that not enough? Why can’t
up; you get ready for work—but not in tion then, and I don’t remember a sin- we just disagree on the three or four
South Carolina. gle person saying a single thing on that items that we disagree upon? Why
In South Carolina, this Wednesday, side of the aisle about helping to push can’t I say what I have been saying,
June 17, is the fifth anniversary of forward more legislation on body cam- which is that the House bill is, in fact,
when a racist walked into Mother eras. But, today, this is a token piece the blueprint for some progress? It goes
Emanuel Church, sat through a Bible of legislation. I think it is important too far for me in some areas, but, yes,
study for an hour and listened to be- that we stand up and be counted and I like the concept of more information.
lievers talk about their love of God. At make sure that we have more resources This is a good thing. The House does it;
the end of that Bible study, he pulled available for every officer to have a we do it. That is a good thing. I like
out a weapon and killed nine people. So body camera because, as we saw in the concept of more training. The
for me and so many South Carolinians, Georgia with Mr. Arbery, had it not House does it; we do it. I like the fact
this is a hard day. been caught on video; in Walter Scott’s that we are looking for a way to ban
I will tell you this: Standing on this case, had it not been caught on video; choke holds. We do it by taking money
floor, remembering the words of one of in George Floyd’s case, had it not been from different departments; they do it
the victims’ son, Daniel Simmons, Jr., caught on video, we might be in a dif- in a different fashion. We are about 90
5 years ago on a Wednesday, 1 week ferent place. percent there.
later—I asked Daniel Simmons, Jr., On the other side, they are wanting But where do we go? Where do we go?
whose father, Daniel Simmons, Sr., had to race-bait on tokenism, while this People wonder why our country is so
been killed in an attempt to start an- legislation would provide resources for divided. It is because it is so easy to
other race war at the home of the Civil body cameras, for anti-lynching, and walk onto this floor and say ‘‘token’’
War: What should I say to the people for deescalation training. But, no, we and send the same race-baiting mes-
who would be watching around the can’t concern ourselves with the fami- sage that we have heard for a very long
country? lies I sat with at the White House yes- time.
He said what I could not believe. It terday and in my office yesterday. In- If you are a Democrat, hey, it is OK.
was this: Please remind them of Ro- stead, we want to play politics because That is not ever OK. It is not OK to say
mans 8:28—that all things work to- this is 2020, and we are far more con- to our kids: You can’t think what you
gether for good for those who love God cerned about winning elections than we want to think and be who you want to
and are called according to His pur- are about having a serious conversa- be. If you are not in line with one idea
pose. tion on reform in this country. No, we and the way they think, it is bad news.
I was standing at those doors on my would rather have a conversation Then you are a sellout.
cell phone. I could not believe the about tearing this country apart, mak- What message do you send the kids?
words he was speaking. In an act of ing it a binary choice between law en- I am going to be OK, but what message
true, unconditional love, he inspired forcement and communities of color in- are we sending the kids throughout our
dlhill on DSK120RN23PROD with SENATE
me. He encouraged me. He taught me stead of working for the American peo- country—that you can’t be taught just
lessons of strength and courage and ple, bringing the reforms to the table to think; we have to teach you how to
mercy our Nation needs to remember. so that we have a chance to balance think. That is the kind of conclusion
I came to the floor today to speak this Nation and direct her toward due that is wrong. It is toxic. It is pushing
about my new bill, the JUSTICE Act, north. No, that is too much to ask on our country toward an implosion that
our Republican response to police re- June 17, 5 years later. is avoidable.
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S3042 CONGRESSIONAL RECORD — SENATE June 17, 2020
That is why I started my legislative token experience. They don’t think sit- seen it put out there: You know those
day today with remembering Mother ting down with the President of the Republicans are all racist. I don’t
Emanuel. It is why I read my Bible United States, with tears filling their think they are going to be able to pass
next—because I knew I needed a little eyes, running down their cheeks, talk- something dealing with race.
extra strength. That is why I turned ing about their lost loved ones is a As this dividing message continues to
immediately to my first interview try- token experience. The law enforcement go out, we continue to do our work be-
ing to talk about police reform be- officers in that meeting with those cause we also believe in equal justice
cause, as a guy who has been stopped 18 families do not believe that having a under the law. As a friend of mine said
times in the years of the 2000s, I take it serious conversation about police re- to me a couple of weeks ago, we also
seriously. Being stopped seven times in form is a token experience. They don’t believe we should be able to work to-
a single year, being stopped this year, believe that coresponders for the one ward a more perfect Union.
being stopped last November, being man who was in the room, whose son For me, it is not only a practical
stopped coming into the Senate with was having a mental episode, who was issue, not only a family issue; it is not
my pin on—sure, I get it. But I don’t shot on the scene—he doesn’t think only a friendship issue; it is not only a
point fingers at the other side, saying this was a token experience. basic freedom and liberty issue; it is
that they are just not serious about the Shame on us. Shame on us if we are not just a constitutional issue. For me,
issue. It is just not what we should do. unwilling to have a serious conversa- it is also a Biblical issue. You can go
I assume that everybody should be tion about a serious issue that, in my back as many pages as you want to in
serious about the issue, but I have to opinion, is a greater threat to this Na- Scripture and work your way from be-
tell you, it is with a heavy heart—it is tion than perhaps anything we have ginning to end, and you are going to
with a heavy heart that I believe that, seen. We have never solved it because find some very consistent themes.
had we had more money for body cam- we are all having political points. That Throughout the book of Deuteronomy,
eras, we would be in a different posi- is wrong. It is just not right. there is a statement about how God’s
tion today than we were in 2015. But I Let me say to all of my colleagues, affection is ‘‘for equal weights and
didn’t have anybody who wanted to Senator LANKFORD, Senators CAPITO, measures.’’ His first challenge to gov-
have this conversation or, at least, SASSE, LINDSEY, BARRASSO, and ALEX- ernment when literally the Jews were
they didn’t have this conversation. ANDER: Thank you. Thank you for giv- establishing their first government,
I believe there are good people of ing a voice to a serious issue. God spoke to them, saying, make sure
good intent on the other side of the The PRESIDING OFFICER. The Sen- there are equal weights and measures.
aisle. I think there are people of good ator from Oklahoma. It is a simple way of saying, whether
intent on our side of the aisle. I think Mr. LANKFORD. Mr. President, first, you are rich or poor, whether you are a
the fact is that most Americans are I would like to associate my remarks foreigner, whether you are a member,
tired of Republicans and Democrats 100 percent with everything Senator whether you are in or out, everyone is
talking about Republicans and Demo- SCOTT just said. Somehow I am sup- to be treated the same, equal weights,
crats. I think most Americans are tired posed to speak after he just said it. equal measures. Find that passage over
of our talking about election outcomes The frustration that I have had over and over and over again through the
and polls. ‘‘What about me?’’ is what the past couple of days as we have Old Testament. Read it all the way to
they are saying. worked very hard in pulling the legisla- the Book of the Revelation at the end.
I am suggesting that this bill, the tion together is we have talked to peo- At the Book of Revelation at the end,
JUSTICE Act, is a serious nationwide ple all over. I have talked to people of there is a gathering around the throne
effort tackling the issues of police re- all backgrounds all over Oklahoma. I that is pictured. At the very end, there
form, accountability, and trans- have talked to members of the commu- is the gathering of the Kingdom of God.
parency. It is grounded in bipartisan nity. I have talked to law enforcement. As they gather around the throne, it is
principles because I believe that the I have talked to leadership in law en- described as every tribe, every nation,
other side has some stuff we have to forcement. We have worked to build a every language, every people, all gath-
hear and that our side has some stuff coalition of ideas, things that would ered.
they need to hear. If we do that, we pass, answering the question that TIM For me, this is a Biblical issue as
will have the votes to have a real de- SCOTT started with: Could we pull to- well as being a personal issue, but for
bate next week on this bill, but if we gether a piece of legislation that would us as a nation, it is a legal issue. It is
don’t do that, we will just talk about actually help—not to just pass some- about where we find inconsistencies in
scoring political points, and you will thing so we can walk away, pat each the application of the law, we are to
go on MSNBC or CNN, and we will go other on the back and say ‘‘We passed correct it, and we do what we can to
on FOX, and everybody will have their something,’’ knowing quietly that it make it right.
chatter, and more people in the com- really isn’t going to make any dif- This bill is designed with a simple
munities of color will have less con- ference? Is there something we could statement in mind. How can we provide
fidence in the institutions of power and do that would actually make a dif- accountability, transparency, and
authority in this Nation because we ference? training in law enforcement so that the
missed the moment. We missed it 5 Over the weeks we have worked to good cops shine and those who are bad
years ago. We don’t have to miss it identify what could pass, what could apples in the mix, the light shines on
now. make a difference, what answers the them.
As you know, I am not really into questions everyone is asking. We didn’t That is all we are asking. We want to
theatrics. I don’t run toward micro- look at whether it was a Republican or see things change. People in my towns
phones. I have had a lot of them these Democratic idea. We just asked the across my State want to see things
last 7 days. I don’t talk a lot in con- question, what would make the dif- change and want to know that this is
ference because, why say what other ference, because I don’t believe equal not just a vote that is a partisan vote;
people are saying? They have probably justice under the law is owned by a it is a vote to actually get something
said it better. I don’t demonize the party. It has been fascinating to me, solved.
other side because I know that in order the questions I have had over the past It wasn’t that long ago that this body
to get anything done in this con- couple of days as members of the media was gathering and voted unanimously
ference, on this committee, in this would quietly pull me aside and say: on an almost $3 trillion bill dealing
Senate, you have to have 60 votes. Hey, are Republicans going to be able with a major problem in America,
Plus, if you have a grievance with your to pass a bill on race? Quietly, they are COVID–19. Why don’t we get together
dlhill on DSK120RN23PROD with SENATE
brother, talk to them. Talk to them. I asking the question: We know all those again, hash out the issues, and unani-
have tried to do that. Republicans are racist, so are you mously come to some decisions again
As I am sure I am running out of going to be able to pull something off? on a major problem in America, injus-
time, let me just say that the families That is really what they are saying in tice?
I sat down with yesterday—they don’t the background. Over and over again, I We can’t pass something that bans
think working on body cameras is a heard it through the media and have racism. I wish we could. We would have
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June 17, 2020 CONGRESSIONAL RECORD — SENATE S3043
all taken that vote. We can’t ban rac- Why don’t we end choke holds? Most I yield the floor.
ism. That is passed on through families departments already have. Why don’t The PRESIDING OFFICER. The Sen-
and individuals. Children are not born we just end it nationwide? Why don’t ator from South Carolina.
racist. They are raised racist. Families we say to departments: If you want to Mr. GRAHAM. Mr. President, for one,
have to make a decision about what get a Federal grant for any law en- I would like to say something about
they are going to do in their family. forcement purpose, you can’t get that Senator SCOTT. I know how hard it is
The national conversation about race or you get a reduced amount or you get to work on this, and it has not been an
doesn’t happen in this room. The na- a big deduction unless your department easy enterprise for Tim. He is a con-
tional conversation on race happens in has already banned choke holds. Basi- servative Republican, who happens to
kitchens and dining rooms. cally, we lay the marker out there and be African-American, and he has de-
We can do something about justice. say: We expect you to take action on cided to take the lead on something
There are simple things we tried to this. that is very important to the country.
gather, a set of ideas that aren’t par- Why don’t we deal with the issues He has had experiences that I don’t
tisan. They are ideas and solutions that are before us that people are ask- have. He has been stopped multiple
that have come from all over the place, ing questions about, and where we lack times on Capitol Hill. I have never been
some Democratic and some Repub- information, let’s go get it. stopped. One year, he was stopped
lican, and we pulled these things to- It was several years ago that Senator seven times for lane changes. The point
gether, and we are asking a simple PETERS, on the Democratic side, and is that Tim believes—and every Afri-
question: Will our Democratic Mem- Senator CORNYN, on the Republican can-American male I have talked to in
bers take a vote with us next week to side, put out a proposal to have a Com- the last couple of weeks is told early
move to this bill to amend it, debate it, mission study these issues and more, to on, if you are stopped by the cops,
talk about it, have a real dialogue, and gather information and make rec- watch what you do; keep your hands on
pass something that we think will ommendations and to start passing leg- the wheel and don’t go toward the dash
work? Will this bill look exactly like islation in a unified way. It passed in because that could end badly. I don’t
this? It probably will look a lot like know how that happened, but it is real.
the Senate unanimously and died in
this because there are aspects of this For us not to realize that would be a
the House. Let’s bring that legislation
that look like this in the House right huge mistake.
back up.
now. Will there be additional ideas? We tried to do some work in the Sen- Let me be on record as saying I un-
Probably. Why don’t we debate it and derstand that if you are an African-
ate to head this off. Let’s do it again
talk about it? Why don’t we both open American male, your experience with
and see what we can actually do. Where
it up and discuss it and why don’t we the police is different than mine. It is
we find departments that are recruit-
actually try to solve it? unacceptable, and it needs to stop.
There are things such as, if there is ing officers and the department doesn’t
match the ethnicity of their commu- So how do you stop it? You bring
bodily injury or death in police cus-
nity, why don’t we provide grants for about change. So what kind of change
tody, that all of that information has
that community and that police de- are we looking for? Our Democratic
to come in to the FBI so we can dis-
partment to be able to have a Black re- friends have a list of changes. I think it
seminate it and get transparency in
cruiter recruit more Black officers and is Justice in Policing. The House is
the country. In fact, 40 percent of the
to help them financially in the earliest marking it up. Here is what I would say
departments report that, but a lot of
days through the police academy to to my Democratic colleagues: Stop lec-
them do not.
There are a lot of places that do no- make sure that department profile turing me. You had 8 years under
knock warrants. We don’t have infor- matches that community? President Obama to do the things in
mation about that. We know it is hap- One of the great gains of the last 30 the Justice in Policing Act, and 90 per-
pening all over the country, and there years has been community policing, al- cent of it you never brought up. I am
is some conversation about maybe we lowing officers to be able to get out of not saying we are blameless, but there
should end part of it or keep part of it. their car and meet their community has not been this sense of urgency to
What would that look like? We don’t and to engage so communities are po- deal with these problems institution-
have the information gathered. Why licing together. Why don’t we do that? ally like there is today. Why? Because
don’t we get information on no-knock I did a ride-along with an officer sev- of Mr. Floyd and a few other things all
warrants so that we can make an in- eral years ago, and I will never forget happening together.
formed decision and then act on it? it. As we were riding through his com- Tim said in 2016 we had our chance.
Why don’t we deal with some basic munity and his neighborhood where he These episodes come and they go. The
problems that are out there that we always patrolled, we drove by an elder- question for the country is, Will any-
have seen several times in some of the ly lady as sweet as she could be sitting thing ever change? The only way it is
worst moments? Something happens, on her front porch. As we drove by I going to change is to find common
and law enforcement is not wearing a asked: Does she sit out there every ground. So the proposal Senator SCOTT
body camera, and it is one opinion day? has collected, along with other col-
against another opinion. Why don’t we The police officer laughed and said: leagues, has bipartisan support, but if
get more body cameras in the streets, Yep, she sits out there every day. it is not enough, I am willing to listen
and why don’t we make sure those body I asked: Have you ever stopped to regarding doing more.
cameras are actually turned on all the meet her? Senator SASSE was with me yester-
time? There is new technology in body He hesitated for a long time, and he day. We had a 5-hour hearing, and I
cameras so that they automatically said: No, I never have. learned a lot. I learned that a police de-
turn on when there is a call. Law en- Community policing does make a dif- partment looking like the community
forcement doesn’t have to worry about, ference. When you get a chance to meet is important, Senator LANKFORD, but,
‘‘I forgot to turn it on.’’ It turns itself the people in the community, get to more importantly, is that you live
on. Why don’t we incentivize it to en- know them, and share the responsi- where you police.
courage new body cameras with auto- bility together for actually working to I asked a gentleman from New Jer-
matic features to turn it on so we al- solve problems that we face. sey: What is more important, race or
ways have footage? We are laying down a set of ideas community attachment? He said: Com-
Why don’t we hold people to account that we feel will make a difference, not munity attachment. You are less likely
if there is a false police report that is just make a message. Other people to hurt somebody in a community you
filed? In several cases of late, when the have other ideas. Bring them. Let’s feel a part of.
dlhill on DSK120RN23PROD with SENATE
incident was over, a written police re- open it up. Now, having said that, we need more
port was filed. Later, cell phone video Let’s not have heated debate. Let’s African-American police personnel. We
came out that was completely different have debate that solves the problems need more women. Apparently, women
from the original police report. Well, so that at the end of this, we know do their jobs a lot better than men. I
that is a false report. Why don’t we what we are solving. We solve it, and haven’t heard one person come forward
hold that bad apple to account? then we keep going. and say: I had a bad experience with a
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S3044 CONGRESSIONAL RECORD — SENATE June 17, 2020
policewoman. More women would be munity, let’s talk. Maybe we can get To my friends on the other side, if it
helpful. But the main thing is, we need there if it is that important. Let’s at is about qualified immunity, let’s talk.
people from the community being in least try. That is what the legislative If it is about 242, let’s talk. If it is
charge of policing that community process is all about. about keeping this issue alive, don’t
with a system that is more account- Section 242 allows the Federal Gov- waste my time. We have all had plenty
able. ernment to bring charges against an of time around here to do better. Now
So CORY BOOKER and I have worked individual for denying another Amer- we have a chance to actually do some
together on a lot of things—great guy. ican their constitutional rights. This is good. The only way we are going to do
TIM and CORY are good friends, and I about policing but not exclusive to po- some good is talk. The only way you
admire the heck out of TIM SCOTT. I am licing. get a law passed is to engage in debate.
not going to take any more time. He is The Presiding Officer is from Geor- If you don’t want to debate the topic, if
one of the most decent people I have gia. I am from South Carolina. There you don’t want to have amendments
ever met, and we are lucky to have him was a time in the South where juries about the topic, that tells me all I need
in South Carolina and the country is would nullify all the evidence in front to know about where you are coming
lucky. of them because the victim was a Black from.
The bottom line, as CORY said, there man and the perpetrator was White. A I yield to the Senator from Nebraska.
are two issues that have to be ad- mountain of evidence could be pre- The PRESIDING OFFICER. The Sen-
dressed or everything else doesn’t mat- sented, and there would be an acquittal ator from Nebraska.
ter—242 and qualified immunity. I in like 15 minutes. So we came up with Mr. SASSE. Mr. President, I want to
wrote them down. For those who are a concept to allow the Federal Govern- start by saying thank you to my friend
not conversant in 242 or qualified im- ment to intervene in cases like that from South Carolina—LINDSEY GRA-
munity, there is nothing wrong with and hold somebody liable for violating HAM, chairman of the Judiciary Com-
you. This is a very archaic area of the the constitutional rights of another mittee spoke, but I mean my desk
law. Qualified immunity is a judicial American under law Federal law. mate, Senator SCOTT from South Caro-
doctrine that has developed over time The standard to prosecute is ‘‘will- lina—not only for his leadership and
that relates to the 1983 civil rights ful.’’ You have to prove that the police hard work and the hard work of Jen-
statute that allows people to sue gov- officer willfully understood the con- nifer and the rest of that their team.
ernmental entities for abuse of force, stitutional right and violated it. My Over the course of the last 2 weeks,
for excessive force. friends on the other side want to lower they have been working around the
There is nothing in the statute about the standard to ‘‘reckless.’’ What I clock to lead our six-person working
an objective standard where the rea- would say is, this is not 1965. The police group on this project.
sonably prudent police officer in the officer involved in Mr. Floyd’s death is I want to thank Tim, not just for his
same circumstances acted accordingly. going to be prosecuted. So while it is leadership, but for his speech 30 min-
There is nothing about good faith. important to talk about section 242, utes ago and for his spirit. That speech
Justice Thomas is a pretty conserv- most States where these events have is a speech that needs to be watched by
ative guy. He wanted to revisit quali- occurred have acted responsibly. We every American.
fied immunity. I don’t know how he don’t need the Federal Government sit- I sincerely hope that the 100 people in
would substantively come out on the ting in judgment of every cop in the this room will come together and try
issue, but in his dissent denying certio- country. What we do need is a system to get an outcome and not just main-
rari of the concept, he explains how of accountability. I will talk to you tain a political issue as has happened
this judicial concept has exploded be- about 242, but I think that is not the so often around here. I think if we had
yond every attachment of common law issue. the process that was the custom in the
analysis. This is Clarence Thomas. If What is the issue? It is that police Senate until a few decades ago of com-
you presented to me qualified immu- departments that are immune from li- mittees happening in the morning and
nity in its current form as a legislative ability when they engage in abusive the Senate convening for most of the
proposal, I would vote hell, no. Police conduct over and over are unlikely to afternoon—if this room were actually
officers need not worry about losing change until that changes. You can full when TIM SCOTT delivered his
their house or being sued if they act in throw all the money you want to at speech, it would be real tough for peo-
good faith in performing duties that training and improving best practices, ple to be talking about not voting on
are hard on any good day, but when po- and they will gladly accept your the motion to proceed next week and
lice departments time and again fail to money. If they don’t do it right, they getting on this piece of legislation
do the things necessary to instill good don’t get the money. Add one thing to where we could then debate it and
policing, I think they should be subject the mix. By the way, if you shoot a dog argue about it and fight about tech-
and accountable like any other busi- and you wind up killing a kid—your po- nical pieces here and there and figure
ness. There is common ground here. lice officer shouldn’t have shot the dog out how we make it better. We would
Not one Democrat has suggested to anyway in a fashion to kill the kid who be on a piece of legislation, and we
me to make the individual officer civ- was right by the dog—you are going to would be trying to get an outcome. I
illy liable under 242, but I had Demo- wind up having your ass in court. That sincerely hope that is true. I sincerely
crats suggest to me that the standard will change things. hope people listen to TIM SCOTT’s
has become almost absolute immunity. I have been a lawyer, and I know how speech from today.
The Presiding Officer has run all people feel about this. If you are ex- George Floyd’s murder, obviously,
kinds of businesses. Being in the polic- posed, in terms of your conduct being shocked the nation. It shocked us in
ing business is not your normal busi- subject to a review by a court and a two ways. It shocked us, on the one
ness. There needs to be a filter when it jury, you are all of a sudden going to hand, because we saw a man being mur-
comes to lawsuits. It can’t be about think differently. dered for 8 minutes and 46 seconds, and
outcome. But it is now time, in my Don’t misconstrue what I am saying. we saw three other police officers stand
view, to look at the development of the I am not for abolishing qualified immu- by while he was murdered. But it also
qualified immunity doctrine as it re- nity; I am for revisiting the concept be- shocked us because it reminded us, yet
lates to the 1983 underlying statute and cause I think it has grown too much again, that America’s struggle for
see if we could make it better, not gut from judicially created fiat. It is time equal justice under the law is far, far
it. for the legislative body—for us to from over.
To my Democratic friends, if you speak as to what we would like to have The American creed is a beautiful
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want to eliminate qualified immunity, happen to the statute that we create thing. The American creed celebrates
it will be a very short conversation. If that now has a component to it that the dignity, the inherent self-worth,
you want to reform it so that munici- was never envisioned when it was origi- the fact that we believe, as so many of
palities and agencies and organizations nally passed. That is what Clarence our Founders believed, that people
running police departments will have Thomas is telling us as a nation we were created Imago Dei—created in the
some protection but not absolute im- need to do. image of God as image bearers. That
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June 17, 2020 CONGRESSIONAL RECORD — SENATE S3045
dignity is male and female, Black and passed along so there is a lot more really blessed to be asked to join Sen-
White. Every man, woman, and child in transparency on all lethal uses of force. ator SCOTT as he led us to where we are
this country is created with inherent The commonsense reforms include today, which is introducing the JUS-
dignity. They are beautiful, and that increasing police resources. There is a TICE Act.
creed is beautiful. That proposition lot of training that needs to be done I am thinking about where the great
that all men are created equal should better across this country. There are a talents lie in the Senate. One of the
inspire every generation of Americans. lot of practices in local law enforce- things we all know all of us do well is
We aren’t doing a very good job right ment—when you look at the 15,000, talk. We know how to talk. Sometimes
now of passing on the glories of that 16,000, whatever the current number is we talk too much. Senator SCOTT
creed to the next generation. It is a of local entities that have the capa- doesn’t talk that much. He even said
beautiful and profound creed, but bility and capacity to have law en- that about himself. I can tell you the
throughout our history, our failures to forcement authorities, those policing skill that he has that a lot of us need
live up to that creed have been ugly powers, there is a lot of diversity in more of. Always, when I am asked by
over and over again. their practices. Some of those prac- school children ‘‘What is the best skill
George Floyd’s murder was horrific tices are improving but are still bad. to have?’’ I say it is the ability to lis-
for that man and for his family and for Senator SCOTT and our legislation want ten. He has listened for years and
everyone in his communities—Min- to try to use the Federal grant-making years. He has not just lived this; he has
neapolis, Houston, and other places powers to squeeze out some of those listened. He said, just yesterday, he
where that man had made a mark. But bad practices. was with the family of one of the vic-
it was also horrific because it was yet We want to see trust rebuilt between tims, and it was a very moving day for
another reminder of all the ways that this Nation’s communities and the po- him.
we fail to live up to our creed. The lice. We reject the false binary that I am here today to rise with my col-
creed is beautiful, and our execution you have to make a choice between leagues in support of the JUSTICE Act.
has so often been ugly. being on the side of communities of I join the overwhelming majority of
When communities of color have lost color or being on the side of law en- Americans and West Virginians who, in
faith in law enforcement, we aren’t liv- forcement. No, we don’t want that to sadness and frustration and sorrow,
ing up to that creed. When an Amer- be the choice. We want the choice to be witnessed the horrifying video of the
ican tells you that he fears being law enforcement to get better and com- murder of George Floyd by the Min-
pulled over for driving while Black, we munities of color to have more trust. neapolis Police Department. It was ab-
need a lot more conversations in a lot We want to see more collaboration. We solutely unacceptable.
more communities so people know this The vast majority of our law enforce-
want to see more progress. Frankly,
ment officers here and around the
experience. that is what the vast majority of indi-
Again, Senator SCOTT is one of my country are just like us. They want to
vidual police and that is what the vast
closest friends in this body. The experi- have a great and peaceful nation. They
majority of police departments want.
ences he has had with law enforcement want to have great and peaceful com-
The overwhelming majority of Amer-
in South Carolina are different from munities. They want their families to
icans—Republican and Democrat,
the ones I have had with law enforce- feel safe in their homes and out in the
women and men, Black and White—the
streets of their communities just as we
ment in Nebraska. The experiences he overwhelming majority of Americans
do. A lot of them take their oath seri-
has on Capitol Hill with law enforce- want us to build more trust. We can do
ously and do their best to protect our
ment have been different from the ex- that in this body next week.
communities.
periences I have had on Capitol Hill. No We want to strive toward equal pro-
It is not enough to say that the death
one should be wearing skin pigment or tection under the law. That starts with of George Floyd was a terrible, isolated
racial heritage as something that trying to narrow the differences and tragedy because we know many of
changes our experience of law enforce- figuring out what we can do to move these have preceded this date. I have
ment, yet it is regularly the case. That forward together. That is what this bill said it is almost like popping a balloon
is ugly. The creed is beautiful. does. This bill is an architectural and revealing all of this unrest under-
Our attempts to become and to be a frame to do a bunch of good things that neath, all the questions and sorrow
more perfect Union and to live up to are pretty darn noncontroversial and that have been festering.
the glories of that creed are an impor- to do a bunch of things that we can Here we are today. I think the great
tant part of our shared project to- build on in a debate and amendment majority of us want to put all this en-
gether. At the risk of sounding too process. ergy and frustration into action. We
theological, east of Eden, sin is always We should be passing something 100 want to have something substantive so
ugly, and that includes America’s to 0. There will be debate. There will we can tell the American people: We
original sin. That tells us that we have amendment votes underneath that will listened. We heard. We feel this. And
work to do together. be contentious, but we should ulti- we want to find solutions.
We have work to do as 330 million mately be getting onto a piece of legis- We have to recognize that every time
Americans, but we have work to do as lation to start the process 100 to 0, and force is used inappropriately by law en-
100 Senators. What that should mean is at the back end we should be passing forcement, our justice system has erod-
that next week we are going to be in something 100 to 0 even though, in the ed. We have to understand our history,
this body trying to live up to that middle, there should be a bunch of wherein Black Americans have been
creed and to do more. amendments where people argue about too frequently denied their basic
There is a lot of technical stuff inside the best way that we do the particu- rights. It is our job to make sure that
this bill. As Senator SCOTT said, 70 per- lars. Americans, regardless of race, can feel
cent of what is in this bill is pretty There is no reason we shouldn’t be that law enforcement is there to pro-
darn noncontroversial, largely because moving forward. We can get this done. tect them and their families and that
it is lifted and summarizing many We can take another step to make they trust that. The trust factor is
pieces that are also in the House of America’s beautiful creed a reality for where the erosion has been most re-
Representatives’ Democrat bill. every single one of God’s children. markably in view of all of us—the lack
The JUSTICE Act puts forward a That is what we should do, and we of trust.
number of commonsense reforms that should do it without delay. It is our job to hear these voices and
seek to force more accountability. This I yield to the Senator from West Vir- to act. In my opinion, it doesn’t mean
has been stated on the floor many ginia. defunding the police; it means improv-
dlhill on DSK120RN23PROD with SENATE
times today, but I want to say it again: The PRESIDING OFFICER (Mr. COT- ing the police and improving equal pro-
When police use lethal force, there is a TON). The Senator from West Virginia. tections so that everybody has basic
voluntary opportunity today for them Mrs. CAPITO. Mr. President, I am protections and we are all equal in the
to report that to the FBI. We want to pleased to be here with my fellow Sen- eyes of justice and the law.
make that mandatory. We want all ator from Nebraska and the other We have seen the looting. We have
that data to be captured and to be Members of the small team that was seen officers who have lost their lives.
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S3046 CONGRESSIONAL RECORD — SENATE June 17, 2020
We have seen an underbelly to our munities, failing our law enforcement are tough decisions, and we are going
country that has been difficult to communities. I would say that we need to make them. We are going to have
watch. Yet what we have seen, too, is to begin this job of a difficult conversa- this where you can see it, right here on
an outcry of the American citizens tion and make sure that we get this the floor of the U.S. Senate.
peacefully protesting what they see as bill onto the Senate floor and debate it So thank you very much. I am proud
inequities in their lives. When I look in in front of the general public. to be with my colleagues.
the crowd—I was right there in Wash- When we start debating things on the I yield the floor.
ington last week when a crowd of about Senate floor in front of the general The PRESIDING OFFICER. The Sen-
150 protesters walked by me very public, do you know what happens? The ator from Ohio.
peacefully with signs and chanting in same thing that happened during the NOMINATION OF JUSTIN REED WALKER
solidarity. Most of the people in that impeachment trial. I know all of us Mr. BROWN. Mr. President, we are in
group were probably under 30 years old. were getting all kinds of input from the middle of a pandemic. The Presi-
There were a lot of Black faces, a lot of people all around. People are watching dent of the United States doesn’t act
White faces, men and women, young it. They are seeing what is actually like it, but Americans are still dying
people who felt that lack of trust. We going on. That is what we need. If we by the hundreds—several hundred al-
look at how people have exercised their want to have discussions on qualified most every day.
First Amendment rights. It is a beau- immunity, if we want to ban choke We are in the middle of an economic
tiful thing to see. Unfortunately, it has holds, which I want to do and our bill crisis. Again, the President of the
been eroded by some of the destructive does, essentially, but if you want some- United States doesn’t act like it. He
things that have come along with it, thing more definitively, yes, I am all crows about the unemployment num-
but at the base of it, we are hearing the for that. Let’s have the discussion and bers when they are the worst since
same things in our States every day. talk about it in front of the American World War II.
While we want to know that our Dec- people. And we are in the middle of a crisis
laration of Independence has lived up I believe that law enforcement has a of conscience. Millions of Americans
to—and that the 14th amendment, lot of great people who work in and have taken to the streets to protest the
which guarantees that no government, around law enforcement. They need the murders of Black and Brown Ameri-
including State and local governments, equipment. They need the cameras. cans by the people supposed to protect
can deny basic constitutional rights, They need to have the realtime evi- them.
we haven’t quite lived up to all of that. dence—the realtime evidence of wrong- With all of these challenges, the
A century passed before we passed doing and evidence of doing it right. It President of the United States is fail-
major civil rights legislation in 1964. is a protective device. Everybody ing. The Senate should be stepping in
One of the sources of great pride for me should have the availability of that in right now to fill that leadership void,
is that my father was one of the lead- law enforcement. to get more help to families and to
ing Republicans in the House of Rep- We also require that law enforcement communities that are going bankrupt,
resentatives representing West Vir- agencies retain disciplinary records on to protect workers—to use every tool
ginia in 1964 who helped make sure officers and make sure that they check we have to force the administration to
that passed. In my office, I actually an officer’s record from other agencies get some kind of test trace isolate re-
have a pen that was used in signing before making a hiring decision. I kind gime in place to truly stop the spread
that and a picture of my dad at the of thought that was going on anyway. of the coronavirus. We should be listen-
White House when it was signed. I sort of did. We need to make sure and ing to the protestors demanding justice
Our job is not done. When I hear the make clear that is what we absolutely in communities all across the country,
voices of mothers who say that they want to do. large and small.
are fearful their son might not survive The bill incentivizes State and local They remind us this pandemic isn’t a
a simple traffic stop or they must have police agencies to ban choke holds. As separate issue from racial justice—it is
certain behaviors—as Senator SASSE I mentioned earlier, I am for even more all connected. It is not a coincidence
said, it is so different from what he definitive language on that. that President Trump stopped even
learned growing up as a young man It also provides training in all kinds pretending to try to fight the
about how to interact with police offi- of areas—deescalation or if an officer is coronavirus once he realized it was dis-
cers in that situation. We can’t have in a situation where another officer is proportionately Black and Brown
those anguished cries and that double using overwhelming force improperly, Americans dying, not very often one of
system anymore. That is what this bill that officer is trained on how to inter- his rich friends.
is about. dict that situation. We saw that hap- In the Senate, we have plans to get
I am proud to be with Senator SCOTT pen in Minneapolis. Sadly, the officers help and protections to workers; we
introducing the JUSTICE Act. It has did not, but maybe they didn’t know have plans to fund a scale-up of testing
been interesting to watch him and all how to do it, when to do it, what form that gets us closer to the level we need;
of us listen to the different segments of it should take. Let’s explore that. we have plans to work to hold police
our society who have talked to us— To keep our communities safe, we accountable; we have begun to tackle
friends, neighbors, police, members of need our police officers. We need trust the systemic racism in our justice sys-
communities of color, our religious in our law enforcement. There should tem.
communities, our news commentators. be no conflict between a pro-civil Look at it this way: The last time I
I did six interviews today on the TV rights bill and a pro-law enforcement was on an airplane was in mid-March. I
about this. Every single one of them bill. They should be able to be joined live close enough—6-hour drive be-
asked me one fundamental question, together. This supports our police offi- tween Cleveland and Washington. In
and I wish some of my friends on the cers while bringing about positive mid-March, there were about 90
other side of the aisle would be here. change that will guarantee equal pro- coronavirus cases diagnosed in the
They asked: You don’t have a very tection to all of our citizens. The police United States—halfway around the
good history in this body of having Re- reform bill will make a real difference world from where the Presiding Officer
publicans and Democrats joining to- in advancing our constitutional ideals likes to emphasize it came from,
gether to get something done. How do and in making our communities safer. Wuhan. About 900 miles from Wuhan is
you think you can do this now? I said: I am proud to stand with Senator the capital of South Korea—Seoul. In
Well, today we did. We did the Great SCOTT, but I want to stand with the en- South Korea, around that same time,
American Outdoors Act. Several tire body to talk about the ways to there were 90 cases. So South Korea
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months ago we did the CARES Act. We make this bill even better, to take the had 90 diagnosed cases; the United
can do it. Where there is a will, we can 70 percent of this bill that we have States had about 90 diagnosed cases.
do it. shared ideals on and shared ideas and Since that date in March, fewer than
If we don’t do it, we are failing so put those into action and to not dither 300 Koreans have died of the
many people. We are failing ourselves. here, to not score political points, and coronavirus; over 110,000 Americans
We are failing our country, our com- to say to the American people: These have died of the coronavirus.
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