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Congressional Record, Senate, October 20, 2020, Page S6306

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A page of the Congressional Record, Senate, dated October 20, 2020, at page S6306, under the heading Coronavirus. Mr. Durbin, the Democratic whip, criticizes the President's comments calling public health experts idiots and downplaying the pandemic, citing 220,000 dead and more than 70,450 new cases reported in a day. He says Mr. McConnell's first priority in the new COVID proposal is liability immunity for businesses and compares $16 billion for testing with the $75 billion proposed by Speaker Pelosi. Near the end, Mr. Thune speaks on the nomination of Amy Coney Barrett, saying the Judiciary Committee heard no negative word about her character.

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“Congressional Record, Senate, October 20, 2020, Page S6306.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-19-crec-2020-10-19-pt2-pgs6306-90827e26d2/, SHA-256 ce2ed1c359684f715392d6c9922e204d67f8b92d4dc5c116e0a705d97da6de4a.

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                                             S6306                                             CONGRESSIONAL RECORD — SENATE                                                    October 20, 2020
                                             rip away healthcare from millions of                      First, he denied it was deadly. He ar-               of the Republicans in the House, to join
                                             Americans.                                              gued it was going to go away. When it                  in this bipartisan negotiation. MCCON-
                                               God save us.                                          gets warm outside, it will go away. It                 NELL and MCCARTHY declined. They
                                               I yield the floor.                                    is a hoax. You remember those state-                   would not even sit in the chairs during
                                               The PRESIDING OFFICER. The                            ments. And do you remember that in-                    negotiations. In Senator MCCONNELL’s
                                             Democratic whip.                                        credible press conference where the                    case, he simply came to the floor on a
                                                               CORONAVIRUS                           President went off on some tangent                     daily basis to mock every effort to re-
                                               Mr. DURBIN. ‘‘Idiots.’’ ‘‘Idiots.’’                   about disinfectant and Lysol? It was                   spond to this COVID–19.
                                             That is what the President called Dr.                   sickening to think that the leader of                    Well, this is not a news bulletin, but
                                             Anthony Fauci and the public health                     the free world would do that.                          we are 2 weeks away from the election,
                                             experts in the Federal Government.                        How about the example set by the                     and guess what we are going to do on
                                               The President said:                                   President. To this day, to get this                    the floor of the Senate today. We are
                                               People are tired of COVID. I have the big-            President to wear a mask is a rare oc-                 going to entertain a new idea by Sen-
                                             gest rallies I’ve ever had. And we have                 currence. And there he was, just days                  ator MCCONNELL of how to cope with
                                             COVID. People are saying: ‘‘Whatever. Just              after being helicoptered out to Walter                 the COVID–19 pandemic. It turns out
                                             leave us alone.’’ They’re tired of it.                  Reed Hospital, returning to the White                  that it is a scant list of his priorities.
                                               Then he added:                                        House, making his triumphant balcony                   Not surprisingly, the first priority is
                                               People are tired of hearing Fauci and these           scene, standing before the American                    an issue he has called his redline on the
                                             idiots, all these idiots who got it wrong.              people and ripping off his mask just to                floor over and over again—to give im-
                                               Those are the words of the President                  tell them how tough he was, how lucky                  munity from liability to businesses
                                             of the United States, Donald Trump, in                  he was. He was really telling the Amer-                that fail to take the necessary steps to
                                             the midst of the worst pandemic Amer-                   ican people: Don’t take this mask busi-                protect their employees and their cus-
                                             ica has seen in over a century—220,000                  ness seriously. He can say the words,                  tomers from the spread of this deadly
                                             dead and counting.                                      but he just mouths them. The fact that                 virus. That is his first priority. He has
                                               What lies ahead with this COVID epi-                  you can see his mouth is an indication                 said that. Even before the first issue
                                             demic, which the President is so tired                  that he doesn’t believe it. And here we                was raised as to what would be in-
                                             of hearing about? What have the so-                     are.                                                   cluded in this, the first thing that Sen-
                                             called ‘‘idiots’’ told us about the future                Fortunately, in the early stages of                  ator MCCONNELL insisted on was pro-
                                             of COVID–19? Here is what they have                     this pandemic, this Congress rose to                   tecting these businesses.
                                             told us: More than 70,450 new                           the occasion. It was March 26. We                        How do the American people feel
                                             coronavirus cases were reported in the                  called it the CARES Act. It was indeed                 about that? Well, they are pretty clear.
                                             United States on Friday, the highest                    a comprehensive effort to deal with the                They believe if you put that immunity
                                             figure since July 24, according to the                  coronavirus, a comprehensive ap-                       in place, that many businesses won’t
                                             New York Times database. More than                      proach. We imagined all the possibili-                 do what they need to do to protect
                                             900 new deaths were recorded, and over                  ties, we saw the economy sinking                       their employees and customers. They
                                             the past week, there have been an aver-                 under our feet, and we came together                   worry that this gets them off the hook
                                             age of 56,615 cases per day—an increase                 with a vote of 96 to nothing here in the               instead of putting the responsibility
                                             of 30 percent from the average 2 weeks                  U.S. Senate—a bipartisan vote of 96 to                 clearly on their shoulders.
                                             earlier.                                                nothing—for a bill that we wrote to-                     The good news is the overwhelming
                                               Is this a political commentary, these                 gether, Democrats and Republicans sit-                 majority of businesses that I know are
                                             facts? No. These are the numbers and                    ting together.                                         really trying to do the right thing. The
                                             statistics of reality—a reality which                     It was an amazing day, and I am glad                 bad news is they are not sure what that
                                             President Trump refuses to acknowl-                     we did it, but there was one clear                     is. They hear about CDC guidelines
                                             edge.                                                   shortcoming. We assumed when we                        that are ignored and mocked by the
                                               How are we doing when it comes to                     passed the CARES Act that, come the                    President, and they hear about the pos-
                                             the COVID–19 pandemic compared to                       end of July and first part of August,                  sibility of other standards that will be
                                             the world? Well, we have five times the                 this crisis would be behind us. It isn’t.              used.
                                             infection rate of the nation of Ger-                    At the end of July, for example, the                     We have had hearings before the Sen-
                                             many. What is going on here? The                        Federal supplement of unemployment                     ate Judiciary Committee when a Texas
                                             great United States of America has five                 insurance ran out for millions of Amer-                businessman with a string of conven-
                                             times the infection rate of Germany?                    icans. In the first part of August, the                ience stores, I think, came to us and in
                                               Well, let’s get across the ocean. Let’s               loans to small businesses dried up as                  good faith said: I don’t know where to
                                             bring it to this side of the Atlantic.                  well.                                                  turn for a standard of care. What am I
                                             How are we doing in comparison to the                     What has happened since? Well, on                    supposed to do if I want to protect ev-
                                             nations here? Well, let’s compare the                   the other side of the Rotunda, in the                  eryone coming into my store—employ-
                                             United States to Canada. The COVID                      House of Representatives, Speaker                      ees and customers alike?
                                             death rate in the United States is 21⁄2                 NANCY PELOSI, 5 months ago—5 months                      I thought his statement was genuine.
                                             times the death rate in Canada.                         ago—passed her Heroes Act. It was $3                   I really believed him, and I still do. But
                                               What does Justin Trudeau know                         trillion—comparable to the first effort.               it is no excuse for what we have failed
                                             about this epidemic that Donald                         She sent it to the Republican leader of                to do here. We have failed to come up
                                             Trump did not? He knew that it took                     the Senate, Senator MITCH MCCONNELL                    with a national standard to protect
                                             leadership to deal with it. He knew                     of Kentucky, for him to do his part. It                people from the spread of this virus.
                                             that we had to step up as a nation and                  is a bicameral legislature. His part                     Instead, Senator MCCONNELL comes
                                             gather together all the people of this                  would require coming up with an alter-                 to the floor and says: If you can find
                                             country in common purpose to beat                       native and taking that to conference.                  any standard by any level of govern-
                                             back this virus, and he failed to do it—                  Did he do that? No. He refused to ac-                ment, it is good enough. You are off
                                             President Trump failed to do that. He                   knowledge it and mocked day after day                  the hook. That is no way to lead in the
                                             said to the Governors ‘‘You are on your                 after day the efforts of Speaker PELOSI,               midst of a deadly pandemic.
                                             own. Go out and find protective equip-                  questioning whether they were enough                     It is not the only issue. There are
                                             ment. Find ventilators. See what you                    or sincere or too political, on and on                 many others. Take a look at what is
                                             can do on the open market’’ instead of                  and on. Did he pass his own measure?                   missing in Senator MCCONNELL’s pro-
                                             using the power of the Presidency and                   No.                                                    posal. There is no new funding when it




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                                             the leadership of the Presidency to                       Then negotiations started between                    comes to State and local governments.
                                             help make certain that every American                   the President, his White House rep-                    Remember the phrase ‘‘defund the po-
                                             had access to what they needed to stay                  resentatives, Speaker PELOSI, and                      lice’’? You heard it from the rightwing
                                             safe.                                                   Leader SCHUMER. They invited Senator                   about the leftwing of American politics
                                               How did he do in setting standards                    MCCONNELL, head of the Republicans in                  wanting to defund the police. Well,
                                             for dealing with this deadly virus?                     the Senate, and KEVIN MCCARTHY, head                   Senator MCCONNELL’s action will



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                                             October 20, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                   S6307
                                             defund police at State and local levels                 McConnell bill provides no funding for                 its hearing on Judge Amy Coney
                                             because these units of government                       hospitals or healthcare clinics and no                 Barrett’s nomination, and it was easy
                                             won’t have the resources to hire the                    dedicated funding for nursing homes,                   to see why Judge Barrett is held in
                                             policemen they need, the law enforce-                   where we know the populations are so                   such high regard by her colleagues,
                                             ment officials they need, nor the fire-                 vulnerable. When it comes to the re-                   students, and peers and why the Amer-
                                             fighters, nor the teachers, nor the                     ality of what we are facing in this                    ican Bar Association gave her its high-
                                             healthcare workers. But that is pri-                    COVID–19 pandemic, the McConnell                       est rating of ‘‘well qualified.’’
                                             ority one for Senator MCCONNELL: no                     bill, which is coming before us this                     We knew long before the hearing that
                                             help—no help for State and local gov-                   afternoon, is deficient in testing at a                Judge Barrett possesses an extraor-
                                             ernments for fear that you might actu-                  time when we are facing so many infec-                 dinary intelligence and a comprehen-
                                             ally send money to a Democratic                         tions.                                                 sive command of the law. But over 3
                                             mayor or a Democratic Governor.                           On nutrition, the McConnell bill says                days of testimony, Americans got to
                                             Spare me. That fire is not looking for                  that there will be no SNAP benefit in-                 see her qualifications for themselves,
                                             party registration; it is looking for                   creases or funding for food banks and,                 and they saw why she has been de-
                                             kindling to light the fire of infection.                on education, provides $105 billion for                scribed as ‘‘a jurist of formidable intel-
                                               Now, on housing, well, how does the                   education stabilization funds. Two-                    lect,’’ a ‘‘brilliant and conscientious
                                             McConnell proposal deal with housing?                   thirds of the K–12 funds will be held                  lawyer,’’ and ‘‘a staggering academic
                                             No funding—no funding for housing or                    until schools provide a reopening plan                 mind.’’ Even the Democratic ranking
                                             rental assistance.                                      and, of course, the voucher program.                   member on the committee, the senior
                                               Now, on the stimulus checks—$1,200                      On postal assistance, the McConnell                  Senator from California, couldn’t hide
                                             stimulus checks. I listened to talk                     proposal alters the language in the                    the fact that she was impressed.
                                                                                                     original legislation to change the bor-                  Most importantly, however, Ameri-
                                             radio back in Chicago, and people are
                                                                                                     rowing authority. The Postal Service is                cans saw that Judge Barrett under-
                                             wondering: Is it possible we are going
                                                                                                     doing its best, and I thank the men and                stands the proper role of a judge in our
                                             to see a $1,200 check? Well, you won’t
                                                                                                     women who are engaged in it. We                        system of government. As Judge Bar-
                                             see it in Senator MCCONNELL’s pro-
                                                                                                     should do more than thank them. We                     rett made clear, she understands that
                                             posal. There are no direct stimulus                     ought to fund them and give them a
                                             payments.                                                                                                      the job of a judge is to interpret the
                                                                                                     helping hand.                                          law, not to make the law; to call balls
                                               How about unemployment benefits?                        So what it boils down to is this: If
                                             The Federal unemployment benefits                                                                              and strikes, not to rewrite the rules of
                                                                                                     this is a real pandemic, if we want to                 the game; or, as Judge Barrett said to
                                             that expired on July 31 were $600 a                     believe the public health experts—
                                             week over the State amount, whatever                                                                           the Democrat whip at the hearing last
                                                                                                     whom the President has called ‘‘id-
                                             it might be. Some people may have                                                                              week: ‘‘I apply the law. I follow the
                                                                                                     iots,’’ like Dr. Anthony Fauci, who has
                                             made more in the process than they did                                                                         law. You make policy.’’
                                                                                                     been my friend for 20 years—if we want                   Judge Barrett has made it clear that
                                             at work, but most were struggling to                    to believe the public health experts, we
                                             get by. If Members of the Senate had                                                                           when cases come before her on the Su-
                                                                                                     need to address this in a serious man-
                                             not been in touch with real America in                                                                         preme Court, she will consider the
                                                                                                     ner as we did last March in passing the
                                             a while, they may think that folks                                                                             facts, the law, and the Constitution,
                                                                                                     CARES Act. This is not a time for peo-
                                             with these checks were binging on                                                                              and nothing else—not her personal be-
                                                                                                     ple to cover their backsides politically.
                                             Netflix and eating chocolate-covered                                                                           liefs, not her political opinions, just
                                                                                                     It is a time to remember that the
                                             cherries night and day. That is not the                 American people need our help more                     the law and the Constitution. That is
                                             case that I saw back in Illinois. People                than ever. A halfhearted and half-in-                  the kind of Justice that all of us—Dem-
                                             who had lost their jobs, even at the                    spired effort to do this will not answer               ocrat or Republican, liberal or conserv-
                                             time they received these unemploy-                      the call.                                              ative—should want.
                                             ment checks, were still struggling to                     We need to stand as a nation on a bi-                  I could spend hours highlighting all
                                             pay for the mortgage, pay for the rent,                 partisan basis. How does it start? It                  the extraordinary tributes to Judge
                                             pay for the car, keep up with the credit                starts when Democrats and Repub-                       Barrett that have poured in since her
                                             card bills, and put food on the table.                  licans sit at the same table, which has                nomination, from lawyers and scholars
                                               So what does Senator MCCONNELL                        not happened. It starts when we                        of every background and political per-
                                             propose that we do? He proposes we cut                  agree—both parties agree—on what the                   suasion, but I don’t want to tie up the
                                             in half that amount—to $300 a week. I                   priorities must be, and it starts when                 Senate floor. So I will just mention one
                                             guess back in Kentucky it is a little bit               we stop the speeches and start with                    piece of testimony that struck me in
                                             different world, at least the way he                    real action to pass legislation like the               particular.
                                             sees it, but where I live, that means a                 CARES Act, which passed 96 to nothing                    As I mentioned, the American Bar
                                             pretty dramatic cut in survival pay—                    on this floor. It is time to take this                 Association released its rating of Judge
                                             survival pay—for people who have lost                   deadly virus and epidemic seriously.                   Barrett last week, a rating that the
                                             their jobs.                                               I yield the floor.                                   Democratic leader, by the way, has
                                               On the healthcare side, this is the                     The PRESIDING OFFICER. The ma-                       called the ‘‘gold standard’’—the ‘‘gold
                                             one that troubles me the most.                          jority leader.                                         standard’’—by which judicial can-
                                             Couldn’t we all agree that we don’t test                                  f                                    didates are judged. Well, the ABA gave
                                             enough for the COVID–19 virus in                                                                               Judge Barrett its highest possible rat-
                                                                                                                     RECESS
                                             America? There are about 1 million                                                                             ing—‘‘well qualified.’’ And the chair-
                                                                                                       Mr. MCCONNELL. Mr. President, I                      man of the American Bar Association’s
                                             people tested a day. Public health offi-                ask unanimous consent that the Sen-
                                             cials say: Well, you need at least 4 mil-                                                                      Standing Committee on the Federal
                                                                                                     ate recess until 2:15 p.m. today.                      Judiciary, the ABA committee that
                                             lion. Others say: But if you truly want                   The PRESIDING OFFICER. Is there
                                             to reopen the economy and reopen the                                                                           issues these ratings, testified before
                                                                                                     objection?                                             the Judiciary Committee during Judge
                                             schools, you need 14 million a day. So                    There being no objection, the Senate,
                                             you would guess that anything we pass                                                                          Barrett’s hearing. I would like to read
                                                                                                     at 12:07 p.m., recessed until 2:15 p.m.
                                             would really zero in on testing to find                                                                        from the testimony that he submitted
                                                                                                     and reassembled when called to order
                                             out those who are positive, to do the                                                                          to the committee.
                                                                                                     by the Presiding Officer (Mrs. CAP-
                                             contact tracing to warn those who may                                                                            Lawyers and judges uniformly praised the
                                                                                                     ITO).
                                                                                                                                                            nominee’s integrity. Most remarkably, in
                                             have been exposed, and to try to con-                                     f                                    interviews with individuals in the legal pro-
                                             tain the virus.




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                                                                                                      EXECUTIVE CALENDAR—Continued                          fession and the community who know Judge
                                               So let’s take a look at what Senator                                                                         Barrett, whether for a few years or decades,
                                             MCCONNELL thinks about the priority                       The PRESIDING OFFICER. The Sen-                      not one person uttered a negative word
                                             of testing. There is $16 billion for test-              ator from South Dakota.                                about her character. Accordingly, the Stand-
                                             ing. How much did the Democrats—                               NOMINATION OF AMY CONEY BARRETT                 ing Committee was not required to consider
                                             NANCY PELOSI—propose? She proposed                       Mr. THUNE. Madam President, last                      any negative criticisms of Judge Barrett.
                                             $75 billion. And let me add that the                    week, the Judiciary Committee held                       His testimony went on:



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