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Coronavirus (Cong. Rec., Dec. 19, 2020, p. S7833)

Summary

This is S7833 of the Congressional Record, Senate, December 19, 2020, with interleaved columns. The page opens with the end of remarks, by a Senator whose name is not printed in the text read, saying the only significant hurdle to completing a relief agreement is a provision proposed by Senator Toomey. A cloture motion on the nomination of Thompson Michael Dietz to be a Judge of the United States Court of Federal Claims is agreed to by Rollcall Vote No. 275, yeas 50 and nays 37. Under the heading Coronavirus, Mr. Cornyn says the FDA has issued an emergency approval for a second COVID-19 vaccine, developed by Moderna, and that both vaccines are estimated to be 95 percent effective, with the views attributed to the speakers.

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Cite this document

“Coronavirus (Cong. Rec., Dec. 19, 2020, p. S7833).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-19-crec-2020-12-19-pt1-pgs7833-2-da4bc7bf27/, SHA-256 4b60d553a87a4d2f543238a77f00fd5284f23ae7ea285e8b8cb0d4a0ef86af60.

Full text

                                             December 19, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                      S7833
                                             concern only about winding down the                       Mr. ALEXANDER. Mr. President, I                       Tillis             Warner        Wicker
                                                                                                                                                             Toomey             Whitehouse    Young
                                             emergency lending facilities estab-                     ask unanimous consent that the man-
                                             lished in the CARES Act. If that is                     datory quorum call be waived.                                                NAYS—37
                                             what he is genuinely concerned about,                     The PRESIDING OFFICER. Without                        Baldwin            Gillibrand    Sanders
                                             there is a path to compromise. But his                  objection, it is so ordered.                            Bennet             Heinrich      Schatz
                                                                                                                                                             Blumenthal         Hirono        Schumer
                                             proposal goes much further and in-                                       CLOTURE MOTION                         Brown              Jones         Shaheen
                                             cludes prohibitions on the Treasury                       The PRESIDING OFFICER. Pursuant                       Cantwell           Kaine         Smith
                                             and the Fed’s authority that would                                                                              Cardin             Klobuchar     Stabenow
                                                                                                     to rule XXII, the Chair lays before the                 Carper             Leahy
                                             handicap our recovery efforts moving                    Senate the pending cloture motion,                      Casey              Markey
                                                                                                                                                                                              Tester
                                             forward—not just during this crisis but                                                                                                          Udall
                                                                                                     which the clerk will state.                             Coons              Merkley
                                                                                                                                                                                              Van Hollen
                                             any future crisis. We cannot agree to                     The bill clerk read as follows:                       Cortez Masto       Murphy
                                                                                                                                                                                              Warren
                                             that, nor is it what the Senator from                                                                           Duckworth          Murray
                                                                                                                   CLOTURE MOTION                            Durbin                           Wyden
                                                                                                                                                                                Peters
                                             Pennsylvania says he cares about.                                                                               Feinstein          Reed
                                                                                                       We, the undersigned Senators, in accord-
                                             What he is proposing is not about                       ance with the provisions of rule XXII of the                           NOT VOTING—13
                                             COVID or helping the American people;                   Standing Rules of the Senate, do hereby                 Blunt              Fischer       Portman
                                             it is about tying the hands of the next                 move to bring to a close debate on the nomi-            Burr               Harris        Risch
                                             Treasury Secretary and the next Fed                     nation of Thompson Michael Dietz, of New                Cruz               Loeffler      Rounds
                                             Chairman in a true emergency. So I                      Jersey, to be a Judge of the United States              Enzi               Paul
                                             hope our Republican friends can agree                   Court of Federal Claims for a term of fifteen           Ernst              Perdue
                                             to compromise here. Senator TOOMEY’s                    years.                                                    The PRESIDING OFFICER. On this
                                             legislation is the only significant hur-                    Mitch McConnell, Chuck Grassley, Mike               vote, the yeas are 50, the nays are 37.
                                                                                                          Crapo, Shelley Moore Capito, John Cor-               The motion is agreed to.
                                             dle to completing an agreement, and                          nyn, Cindy Hyde-Smith, Steve Daines,
                                             Republicans need to make a decision.                                                                              The Senator from Texas.
                                                                                                          Mike Lee, Ron Johnson, Thom Tillis,
                                               We are quickly approaching an all-                         Richard Burr, Pat Roberts, Cory Gard-
                                                                                                                                                                                CORONAVIRUS
                                             or-nothing situation. Everybody needs                        ner, Tom Cotton, John Boozman, John                  Mr. CORNYN. Mr. President, as we
                                             to make a decision about whether we                          Hoeven, Lindsey Graham.                            all know by now, yesterday brought
                                             are going to pass this much needed re-                    The PRESIDING OFFICER. By unan-                       even more great news on the vaccine
                                             lief or not and about eleventh hour de-                 imous consent, the mandatory quorum                     front. The FDA has now issued an
                                             mands and whether they are worth                        call has been waived.                                   emergency approval for a second
                                             holding up the entire bill.                               The question is, Is it the sense of the               COVID–19 Vaccine. This one will be de-
                                               We made great strides and great                       Senate that debate on the nomination                    veloped by the American biotech com-
                                             progress over a few days. You can use                   of Thompson Michael Dietz, of New                       pany Moderna and millions of doses
                                             whatever football analogy you want—                     Jersey, to be a Judge of the United                     will be distributed across the country.
                                             we are on the 5-yard line or the 1-yard                 States Court of Federal Claims for a                    I should say millions more doses will
                                             line or whatever. The truth is simple:                  term of fifteen years, shall be brought                 be distributed across the country in
                                             We are close to an agreement, but we                    to a close?                                             the coming days.
                                             need to finalize it. We need to finalize                                                                          As we know, the first vaccine ap-
                                                                                                       The yeas and nays are mandatory
                                             it, and only the Toomey provision                                                                               proved, which was created by Pfizer
                                                                                                     under the rule.
                                             stands in the way.                                                                                              and BioNTech, was approved just over
                                                                                                       The clerk will call the roll.
                                               We are ready to deliver a desperately                                                                         a week ago, and already thousands of
                                                                                                       The bill clerk called the roll.
                                             needed extension to the historic unem-                                                                          healthcare workers have been vac-
                                                                                                       Mr. THUNE. The following Senators
                                             ployment benefits the Democrats se-                                                                             cinated. In my State, we expect a mil-
                                                                                                     are necessarily absent: the Senator
                                             cured in March; direct survival checks                                                                          lion people—a million Texans—to be
                                                                                                     from Missouri (Mr. BLUNT), the Senator
                                             to millions of American families on the                                                                         vaccinated by the end of this month,
                                                                                                     from North Carolina (Mr. BURR), the
                                             brink of financial collapse; crucial re-                                                                        which is a remarkable achievement
                                                                                                     Senator from Texas (Mr. CRUZ), the
                                             lief to our schools, our small busi-                                                                            and one we ought to celebrate.
                                                                                                     Senator from Wyoming (Mr. ENZI), the                      Both of these vaccines will be ex-
                                             nesses, and our healthcare system; and                  Senator from Iowa (Ms. ERNST), the
                                             funding to support the production and                                                                           traordinarily effective, estimated to be
                                                                                                     Senator from Nebraska (Mrs. FISCHER),                   95 percent effective. If you think about
                                             distribution of a vaccine.                              the Senator from Georgia (Mrs. LOEF-
                                               If we do our jobs, we will deliver the                                                                        the seasonal flu vaccine, for example,
                                                                                                     FLER), the Senator from Kentucky (Mr.
                                             second largest Federal stimulus in our                                                                          it is, generally speaking, no more than
                                                                                                     PAUL), the Senator from Georgia (Mr.                    60 percent effective and many times far
                                             Nation’s history, second only to the
                                                                                                     PERDUE), the Senator from Ohio (Mr.                     less. So 95 percent represents an amaz-
                                             CARES Act earlier this year. It is still
                                                                                                     PORTMAN), the Senator from Idaho (Mr.                   ing accomplishment. So the American
                                             not as large or as comprehensive as the
                                                                                                     RISCH), and the Senator from South                      people have every reason to be opti-
                                             country needs or as our side wants, but
                                                                                                     Dakota (Mr. ROUNDS).                                    mistic about our ability to put this
                                             it will be larger than even the Recov-
                                                                                                       Mr. DURBIN. I announce that the                       virus in the rearview mirror, once and
                                             ery Act, called ARRA, in the wake of
                                                                                                     Senator from California (Ms. HARRIS) is                 for all.
                                             the last financial crisis.
                                                                                                     necessarily absent.                                       As we now know, the first round of
                                               We have given ourselves already an
                                                                                                       The PRESIDING OFFICER. Are there                      Pfizer vaccines were sent to major hos-
                                             extension to finish our work. Let’s not
                                                                                                     any other Senators in the Chamber de-                   pitals across the country, including
                                             ask for another one. It is time for a
                                                                                                     siring to vote?                                         more than 100 in my State. Unfortu-
                                             conclusion. We have 2 days to cross the
                                                                                                       The yeas and nays resulted—yeas 50,                   nately, rural areas were almost en-
                                             t’s, dot the i’s, and come to an agree-
                                                                                                     nays 37, as follows:                                    tirely excluded. This is largely because
                                             ment. The country expects us to finish
                                             our work and deliver a result for the                               [Rollcall Vote No. 275 Ex.]                 of the infrastructure required to use
                                             American people.                                                            YEAS—50                             the Pfizer vaccine, which must be kept
                                               I yield the floor.                                    Alexander         Graham                Menendez        at a negative 94 degrees Fahrenheit,
                                               I suggest the absence of a quorum.                    Barrasso          Grassley              Moran           which is significantly colder than the
                                                                                                     Blackburn         Hassan                Murkowski       average freezer. While you are likely to
                                               The PRESIDING OFFICER. The                            Booker            Hawley                Roberts
                                             clerk will call the roll.                               Boozman           Hoeven                Romney
                                                                                                                                                             find these ultra-low-temperature freez-
                                               The legislative clerk proceeded to                    Braun             Hyde-Smith            Rosen           ers in major hospitals and major re-
                                             call the roll.                                          Capito            Inhofe                Rubio           search labs, they are far less likely to




dlhill on DSK120RN23PROD with SENATE
                                                                                                     Cassidy           Johnson
                                               Mr. ALEXANDER. Mr. President, I                       Collins           Kelly
                                                                                                                                             Sasse           be found in smaller, rural hospitals. So
                                                                                                                                             Scott (FL)      when the first round of Pfizer vaccines
                                             ask unanimous consent that the order                    Cornyn            Kennedy
                                                                                                                                             Scott (SC)
                                             for the quorum call be rescinded.                       Cotton            King
                                                                                                                                             Shelby
                                                                                                                                                             went out the door, they were only sent
                                               The PRESIDING OFFICER (Mr.                            Cramer            Lankford                              to hospitals with the necessary equip-
                                                                                                     Crapo             Lee                   Sinema
                                             JOHNSON). Without objection, it is so                   Daines            Manchin               Sullivan        ment and a large number of workers
                                             ordered.                                                Gardner           McConnell             Thune           who needed the vaccine. As a result,



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                                             S7834                                             CONGRESSIONAL RECORD — SENATE                                                  December 19, 2020
                                             the healthcare heroes in rural areas,                   the politics leading up to the election,               gate, the benefit that we intended by
                                             who have been fighting the same virus,                  where we haven’t been able to do more                  developing the PPP program in the
                                             often with fewer staff, fewer resources,                since March, and so we have to do what                 first place. This will happen as early as
                                             and fewer treatments, were left wait-                   we have to do.                                         January when many businesses have to
                                             ing. But we have every reason to be-                      The second thing I want to mention,                  pay their estimated tax. There will be
                                             lieve that this will change with the ap-                which is more about substance, is                      an incredible backlash, I believe, be-
                                             proval of the Moderna vaccine. This                     about the Paycheck Protection Pro-                     cause I think the recipients of the PPP
                                             doesn’t require the same low tempera-                   gram and the deductibility of ordinary                 loans and grants have every reason to
                                             ture storage and can be kept at around                  business expenses. I believe the Pay-                  expect, as Congress intended, that they
                                             40 degrees Fahrenheit for 30 days. This                 check Protection Program has been                      would be able to deduct their ordinary
                                             will make it easier to safely transport                 one of the most successful parts of our                business expenses.
                                             these vaccines from manufacturing                       COVID–19 economic relief. The goal, of                   What is going to happen if we don’t
                                             sites to rural parts of Texas and the                   course, was to provide small businesses                fix that in this underlying bill? Well,
                                             rest of the country and ensure that all                 access to low-interest loans, which                    we are going to end up doing it next
                                             of our healthcare heroes, our frontline                 could be converted into grants based                   year, I promise you, because I think
                                             workers, and, eventually, the general                   upon their willingness to maintain                     the backlash we are going to feel here
                                             public will not be left behind.                         their payroll and keep their employees                 from the businesses that have been suf-
                                               There is no reason why rural                          connected with the business.                           fering, have been hanging on by a
                                             healthcare workers in Texas or any-                       The hope was that these businesses                   thread—that all of a sudden, they have
                                             where should be denied this lifesaving                  would survive and would rebound after                  an unexpected tax bill of roughly, ac-
                                             vaccine when their peers in larger                      we got the virus in the rearview mir-                  cording to the Wall Street Journal,
                                             urban areas are already receiving it.                   ror. We didn’t know how long that was                  about $120 billion worth.
                                             This is yet another reason to celebrate                 going to last, and, indeed, it has lasted                We ultimately are going to have to
                                             the approval of the second successful                   longer than any of us would have want-                 fix that, so we might as well fix it on
                                             vaccine, and I am eager for the                         ed or had planned. But it is important                 the front end rather than on the back
                                             Moderna      vaccine     to   arrive   in               that this Paycheck Protection Pro-                     end after our constituents who have
                                             healthcare facilities across Texas.                     gram be revived because time is run-                   been the recipients of the PPP grants
                                               Mr. President, that brings me to the                  ning out.                                              rise up in outrage, really, that we
                                             business that remains before the Sen-                     In my State, roughly $41 billion has                 haven’t taken care of this now when we
                                             ate today and, likely, for the next cou-                been granted or—excuse me—loaned                       should. So I hope that in the negotia-
                                             ple of days. After months of trying to                  with potential for grants to about                     tions on this COVID–19 relief bill, we
                                             come together on coronavirus legisla-                   417,000 businesses. This has been an es-               include the deductibility of ordinary
                                             tion—months—the last several days                       sential part of our response to COVID–                 business expenses for recipients of PPP
                                             have given the American people a lot of                 19 and the economic fallout associated                 grants.
                                             reason to hope. First of all, it seems                  with it. But when we passed the PPP                      The funding we provided earlier this
                                             like, for the first time in months, there               program in March, we expected—the                      year for vaccine distribution has al-
                                             is actually bipartisan interest in                      Congress expected that businesses that                 ready been depleted, and States are
                                             achieving an agreement. That wasn’t                     got the loans that were converted to                   dipping into other sources of funding to
                                             the case in the runup to the election,                  grants would be able to deduct their or-               ensure they have the capabilities to
                                             where we had at least three or more                     dinary business expenses in the year                   carry out the widespread vaccination
                                             cloture votes fail in the Senate.                       2020.                                                  effort. That is another reason why we
                                               So for months additional coronavirus                    Now, I know that may not be the best                 need to pass this COVID–19 relief bill as
                                             relief was defeated by our Democratic                   tax policy in the world, but we could                  soon as possible.
                                             colleagues who weren’t even interested                  choose one of two ways to get financial                  Workers lost bolstered Federal unem-
                                             in the runup to the election on pro-                    relief to the small businesses. We can                 ployment benefits at the end of July,
                                             viding additional relief after the                      shovel money in the front door, or we                  and they are set to lose additional ben-
                                             CARES Act passed last March. But,                       can allow them to deduct their ordi-                   efits the day after Christmas.
                                             hopefully, that has all changed now                     nary business expenses even though                       Small businesses, as I said, are strug-
                                             after the election. Negotiators are                     they received a grant from the Federal                 gling to stay afloat, especially as the
                                             working around the clock to reach an                    Government.                                            winter weather hampers outdoor dining
                                             agreement that will gain the support of                   The reason why I say I know this was                 and events. I saw the snow that hit
                                             both parties and reach the President’s                  part of the understanding in March                     New York, where many of the res-
                                             desk before we gavel out for the holi-                  when we passed the bill is because I                   taurants—because they have been shut
                                             days. But the days are dragging on, the                 have now—because of the Treasury De-                   down, indoor dining has been shut
                                             clock is ticking, and the time is run-                  partment’s opposition to the deduct-                   down. They tried to build up some in-
                                             ning out.                                               ibility of ordinary business expenses                  frastructure outside their restaurants,
                                               I want to mention two things—one                      for the recipients of the PPP grant, be-               but now even those have been closed
                                             about the process, and the other is                     cause of the Treasury Department’s po-                 down because of the weather.
                                             about the substance included in what-                   sition that those are not deductible, we                 People are hurting and need help.
                                             ever the package will look like.                        have had to file legislation which will                Parents and teachers are wondering
                                               First of all, given the way that this                 override the Treasury Department’s                     when their children will be able to re-
                                             is being negotiated, basically there are                guidance and allow for that deduct-                    turn to in-person learning and how
                                             four people who are negotiating this                    ibility.                                               schools will be able to keep them safe
                                             massive spending package on behalf of                     Again, this is not an ideal way to                   when they do.
                                             the 535 Members of Congress, and es-                    write tax policy, but under the exigent                  The list goes on and on.
                                             sentially, because this has been pushed                 circumstances here, I think it makes                     Earlier this year, we made a $3 tril-
                                             off until these last days of the 116th                  perfect sense. Again, you can either                   lion investment in our war against
                                             session of Congress, the only thing                     write more checks on the front end, or                 COVID–19, and that funding has been
                                             most rank-and-file Members will be                      you can allow businesses financial re-                 critical, not only to get us to where we
                                             able to do is to vote up or down. In                    lief by deducting their ordinary ex-                   are today in terms of therapeutics and
                                             other words, there is no opportunity to                 penses on the back end.                                vaccines but also to keep our economy
                                             amend it through regular order.                           What I fear will happen, because of                  from tanking entirely. But those funds




dlhill on DSK120RN23PROD with SENATE
                                               I just have to say, this is a terrible                the opposition of the Treasury Depart-                 are drying up, programs are expiring,
                                             way to do business, and in the future, I                ment, is that, come January, the busi-                 and the American people are counting
                                             hope we do better because this is al-                   nesses that have received this incred-                 on us once again to provide the support
                                             most the worst of all worlds when it                    ibly important PPP benefit will find                   they need.
                                             comes to legislating. But we know our                   themselves having to pick up—having a                    There appear to be a few remaining
                                             backs are against the wall because of                   tax bill, which will reverse, if not ne-               sticking points in the negotiations, but



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                                             December 19, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                S7835
                                             there is no reason why Congress                         over 16,000 votes. Not all of them were                   But after careful consideration and
                                             shouldn’t be able to reach an agree-                    easy, but I never thought there was                    listening to his testimony at his nomi-
                                             ment. The steady drip of information                    any question about whether I would                     nation hearing, I voted no on his con-
                                             from congressional leaders is encour-                   vote.                                                  firmation.
                                             aging, but progress doesn’t pay the                       (Mrs. HYDE-SMITH assumed the                            Mr. Barr has long-held, expansive
                                             bills.                                                  Chair.)                                                views of Executive power. And prior to
                                                Enough time has been wasted this                                 DEPARTMENT OF JUSTICE                      his nomination—this is prior to his
                                             year on partisanship and political pos-                   Now, Madam President, the hour of 1                  nomination—he shared those views
                                             turing. We have reached a make-it-or-                   o’clock has arrived. I will claim my                   with the President in a bizarre, 19-page
                                             break-it moment, and there is no room                   time, and I am going to speak about                    memorandum, making the case that a
                                             for inaction. The American people are                   the Department of Justice and the Of-                  President can obstruct a criminal in-
                                             looking to us to protect their health                   fice of the Attorney General.                          vestigation with near impunity. It was
                                             and their livelihoods, and we cannot let                  William Barr’s second tenure as At-                  clear to me that Mr. Barr’s views
                                             them down.                                              torney General is coming to an end. At                 would be weaponized by President
                                                I yield the floor.                                   this time, it is important for the Sen-                Trump—a man who derides any limits
                                                I suggest the absence of a quorum.                   ate to reflect upon his legacy and upon                on his authority. The President, I said
                                                The PRESIDING OFFICER. The                           the challenges now facing the Depart-                  at that time, needs a much tighter
                                             clerk will call the roll.                               ment of Justice.                                       leash.
                                                The senior assistant legislative clerk                 As we all know, the Office of Attor-                    By any measure, the last 2 years have
                                             proceeded to call the roll.                             ney General fills a unique role within                 been worse than I feared. Time and
                                                Mr. LEAHY. Mr. President, I ask                      our system of government. It was cre-                  again, Attorney General Barr has acted
                                             unanimous consent that the order for                    ated by the Judiciary Act of 1789, and                 in the best interests of Donald Trump,
                                             the quorum call be rescinded.                           in its creation, it was obvious the At-                not in the best interests of the country.
                                                The PRESIDING OFFICER. Without                       torney General is not a traditional                    He has intervened and he has overruled
                                             objection, it is so ordered.                            member of the President’s Cabinet.                     career prosecutors only in cases to ben-
                                                Mr. LEAHY. Mr. President, I am                         Supreme Court Justice James Iredell                  efit the President and his friends. He
                                             going to be speaking just a few minutes                 observed in 1792 that the position ‘‘is                has departed from Department norms.
                                             on another matter, and I believe I will                 not called the Attorney General of the                 He has misrepresented the Depart-
                                             have time at 1 o’clock.                                 President, but Attorney General of the                 ment’s work. He has eroded public
                                                With nobody else seeking the floor at                United States.’’ This is because an At-                trust in the Department as a result. I
                                             the moment, I would just add to what                    torney General’s client is not the                     will speak to just a handful of exam-
                                             the distinguished Senator from Texas                    President; the Attorney General’s cli-                 ples.
                                             just said. I discussed this with him off                ent is the American people—all of us,                     In late 2019, a jury, with over-
                                             the floor after he spoke.                               all of us.                                             whelming evidence, convicted former
                                                There is a concern about what might                    An Attorney General’s duty is not to                 Trump campaign adviser Roger Stone
                                             be in the omnibus bill and in the                       defend the President but to uphold the                 for obstructing a bipartisan congres-
                                             COVID bill, and here on a Saturday and                  rule of law and do so with integrity and               sional investigation and lying under
                                             tomorrow, Sunday, or whatever, we are                   independence.                                          oath and witness tampering. The evi-
                                             finished, and we are rushing it through.                  Now, we know that President Trump                    dence was overwhelming. The jury con-
                                             I would remind everybody that we were                   has a very different view. He views the                victed him. So, consistent with sen-
                                             ready to bring up the appropriations                    Office of Attorney General as an exten-                tencing guidelines that apply to every-
                                             bills that make up the omnibus in                       sion of his political power to be wielded              body, prosecutors recommended a 7- to
                                             July. The House of Representatives had                  like a weapon to further his agenda. He                9-year sentence.
                                             sent over—in June, it sent over their                   believes it exists to benefit him person-                 President Trump immediately took
                                             COVID bill. We could have brought it                    ally, to target his opponents, and to                  to Twitter to criticize the prosecution,
                                             up then. We could have started having                   protect him and his friends. His view                  and just hours later—after he had
                                             a series of votes. It might have taken                  stands in stark contrast to everything                 tweeted his objections—Attorney Gen-
                                             us 2 or 3 weeks to have votes every day                 the Attorney General is supposed to                    eral Barr intervened. He overruled the
                                             on different parts of their proposal—                   represent.                                             prosecutors. He disregarded the sen-
                                             Democrats’ proposals, Republicans’                        It came as no surprise, then, that                   tencing guidelines that are supposed to
                                             proposals, the Appropriations’ pro-                     during his nomination hearing, Mr.                     apply to anybody.
                                             posals—and vote them up or down. I                      Barr was questioned about which type                      What happened next reminded me of
                                             had urged that.                                         of Attorney General he would be—the                    something Judge Michael Mukasey
                                                Republicans have the majority in the                 President’s lawyer or an impartial pur-                said when he testified in support of Mr.
                                             U.S. Senate. If they didn’t like pro-                   suer of justice.                                       Barr at his confirmation hearing.
                                             posals the Democrats had, they could                      Mr. Barr was adamant in that hear-                   Judge Mukasey said if Mr. Barr ever
                                             vote them down. But instead they                        ing that while he may sympathize with                  failed to serve with independence, he
                                             seemed almost terrified to vote.                        the President’s policy choices, his role               would ‘‘find a mound of resignations on
                                                Ah, but there was a reason. We would                 as a policy advisor would be distinct                  his desk.’’ Well, in this instance, all
                                             have had to take 2 or 3 weeks to vote                   from that of the Nation’s chief law en-                four career prosecutors withdrew from
                                             all of this up or down, but we had to                   forcement officer. If confirmed, he as-                the case. In fact, two resigned from the
                                             take, instead, the time to put through                  sured all of us, his job would not be to               Justice Department altogether. And at
                                             lifetime judgeships of people who have                  protect the President.                                 sentencing, Judge Amy Berman Jack-
                                             been recommended by special interest                      Thirty years ago, I voted for Mr. Barr               son took the rare step of defending
                                             groups. That is beneath the U.S. Sen-                   to serve as Attorney General to then-                  both the career prosecutors and their
                                             ate.                                                    President George H. W. Bush. I had my                  sentencing recommendation. She stat-
                                                But, unfortunately, while these peo-                 disagreements with him at that time—                   ed that it was ‘‘true to the record’’ and
                                             ple got lifetime jobs with high pay,                    in fact, several. But I voted for him.                 ‘‘in accordance with law and [Depart-
                                             hundreds of thousands and millions of                     When I heard in late 2018 that Presi-                ment of Justice] policy.’’
                                             Americans have lost their jobs, have                    dent Trump intended to nominate him                       Attorney General Barr’s intervention
                                             lost their places to live, are unable to                for a second tenure as Attorney Gen-                   left me with just one question: Could
                                             educate their children, and hundreds of                 eral, frankly, I was hopeful. After the                anyone, other than the President’s




dlhill on DSK120RN23PROD with SENATE
                                             thousands have lost their lives. This is                short, yet disastrous, tenure of a to-                 close friend—a man who, according to
                                             not the U.S. Senate’s finest hour.                      tally unqualified Acting Attorney Gen-                 Judge Jackson, broke the law and ‘‘was
                                                We should have been doing our job                    eral who eagerly bent to the will of                   prosecuted for covering up for the
                                             and voting these things up or down. I                   President Trump, I was hopeful that                    President’’—receive such leniency from
                                             know some may be afraid of what they                    Mr. Barr would restore some independ-                  the Attorney General? I think the an-
                                             had to vote, but so what? I have cast                   ence to the office.                                    swer is pretty obvious. If you are a



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