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Congressional Record, April 15, 2021 — Senate

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A page of the Congressional Record, Senate, dated April 15, 2021, at page S1967. It carries a printed list of what it describes as Judiciary Committee rule violations, with entries on Chairman Hatch, Chairman Graham and Chairman Grassley, each with a date, a summary and a source. Under Nomination of Vanita Gupta, Ms. Klobuchar speaks in support of the nominee, saying the nominee has a record of fighting for all Americans and working across ideological lines.

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“Congressional Record, April 15, 2021 — Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-04-15-crec-2021-04-15-pt1-pgs1967-ef519d5e35/, SHA-256 276080d824cc142ba20f456c81628aa48597cd67719a7a42100cd5e3e598d8f0.

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                                             April 15, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S1967
                                                a. Violation: Rule III                               debate on Brett Kavanaugh’s nomination                 tion, she has a record of fighting for all
                                                i. Date: July 25, 2019                               without an affirmative vote from one mem-              Americans, with dedication, consist-
                                                ii. Summary: Chairman Graham’s Secure                ber of the minority. At this markup, the Ju-           ency, and—and—a willingness to work
                                             and Protect Act was on the agenda. Then-                diciary     Committee     held   over   Brett
                                             Ranking Member Feinstein was the only
                                                                                                                                                            across ideological lines to achieve re-
                                                                                                     Kavanaugh’s nomination. Numerous other
                                             Democrat in attendance. Graham stated that              items were on the agenda that day, most no-            sults.
                                             he would deem the bill held over at the fol-            tably a motion from thenChairman Grassley                Why did she get those police endorse-
                                             lowing week’s markup. This constituted                  to set a precise time at which the committee           ments and the kind of support that she
                                             ‘‘conducting business’’ under the Commit-               would vote on Kavanaugh’s nomination the               got, even though she was taking on re-
                                             tee’s rules, despite the lack of a quorum.              following week. Senators Leahy and Durbin              form? It is because she earned people’s
                                                iii.             Source:               https://      argued that Grassley’s motion violated Rule
                                             www.judiciary.senate.gov/meetings/07/25/2019/
                                                                                                                                                            respect. She is the right person for the
                                                                                                     IV by cutting off debate without the consent
                                             executive-business-meeting                              of any member of the minority. Senator Dur-            right time in the Justice Department,
                                                2. Graham (116th Cong.)                              bin read Rule IV aloud and then summarized:            and I say this coming from Minnesota,
                                                a. Violation: Rule I; Rule IV; Rule V                ‘‘The point is, you need 11 votes and one              where my State is reeling after the
                                                i. Date: August 1, 2019                              member of the minority to stop debate on               killing of Duante Wright.
                                                ii. Summary: At an August 1, 2019, markup,           any matter, let alone a nomination to the                Our hearts break for Daunte’s family
                                             Chairman Graham forced a vote on his Se-                Supreme Court.’’ Grassley responded, ‘‘The
                                             cure and Protect Act despite a request to
                                                                                                                                                            and for our community, which is still
                                                                                                     answer to your question is no we don’t, and
                                             hold over the bill. Graham ignored Demo-                we’ve checked with the Senate Parliamen-               in the midst of the George Floyd mur-
                                             cratic requests to hold the bill over; called a         tarian.’’ Grassley asserted that Chairman              der trial of Derek Chauvin. I was so
                                             vote—setting a time certain for final passage           Hatch had done the same thing in 2003, set-            proud and am so proud of the ordinary
                                             of the bill—without first allowing any Demo-            ting a precedent that he was following.                citizens that came forward and testi-
                                             cratic members to speak; and did not allow                Other items on the agenda that day in-               fied from my State: a clerk in the
                                             any amendments to be offered.                           cluded: six motions to subpoena various doc-           store, a man walking by, all of them
                                                iii.             Source:               https://      uments related to Kavanaugh’ s record; 21              having carried the burden—the bur-
                                             www.judiciary.senate.gov/meetings/08/01/2019/           lower court judicial nominees; a nominee to
                                             executive-business-meeting
                                                                                                                                                            den—of this murder, looking inside
                                                                                                     be a U.S. Attorney; a nominee to be a U.S.
                                                3. Graham (116th Cong.)                              Marshal; a nominee to be Director of Na-               themselves thinking: What could I
                                                a. Violation: Rule III; Rule IV                      tional Drug Control Policy; and five legisla-          have done better?
                                                i. Date: October 15, 2020                            tive bills.                                              And that case will soon conclude, but
                                                ii. Summary: Chairman Graham held a                    iii. Source: Video of the markup, from ap-           those citizens coming forward and ac-
                                             markup during which Committee Repub-                    proximately minute marker 00:44:48 to                  tually the law enforcement coming for-
                                             licans held over Amy Coney Barrett’s nomi-              00:48:15:    https://www.judiciary.senate.gov/
                                             nation to the Supreme Court. Chairman Gra-                                                                     ward and testifying at all levels of law
                                                                                                     meetings/09/13/2018/executive-business-meet-
                                             ham also called a vote to vote on Barrett’s             ing                                                    enforcement for the prosecution of
                                             nomination at a time certain the following                      CHAIRMAN HATCH RULE VIOLATIONS
                                                                                                                                                            Derek Chauvin—that meant something
                                             week. However, Barrett’s hearing had not                                                                       to the people of my State. I want to be
                                                                                                        1. Hatch (108th Cong.)
                                             yet concluded by this point—the witness
                                                                                                        a. Violation: Rule IV
                                                                                                                                                            able to go back and tell those citizens
                                             panels were held in the afternoon on October                                                                   who testified that you don’t carry this
                                                                                                        i. Date: February 27, 2003
                                             15, 2020, after the markup vote. Committee                                                                     burden alone; that we have a Justice
                                                                                                        ii. Summary: At a markup, Chairman
                                             Democrats objected to holding this markup
                                                                                                     Hatch ignored Rule IV by cutting short Com-            Department that is going to stand up
                                             before the hearing concluded, and Senator
                                                                                                     mittee debate on the nominations of John               for you.
                                             Durbin—the only Democrat in attendance—
                                                                                                     Roberts (D.C. Cir.) and Deborah Cook (6th
                                             moved to adjourn the markup. Graham                                                                              And, for me, one of those key people
                                                                                                     Cir.). Pursuant to Rule IV, then-Ranking
                                             overrode Durbin’s motion on a roll call vote
                                                                                                     Member Leahy asked for a vote before Hatch             is Vanita Gupta. She is exactly who we
                                             in violation of the Committee’s quorum rule.                                                                   need right now to champion the cause
                                                                                                     ended debate, but Hatch refused, directing
                                                iii.             Source:               https://                                                             of equal justice under the law.
                                                                                                     the clerk to call the roll and noting that
                                             www.judiciary.senate.gov/meetings/nomina-
                                                                                                     ‘‘[t]he Chairman’s prerogative is to deter-              She has described the Department as
                                             tion-of-the-honorable-amy-coney- barrett-to-
                                                                                                     mine that we can go ahead to a vote’’ and              an institution she loves dearly because,
                                             be-an-associate-justice-of-the-supreme-
                                                                                                     that Rule IV ‘‘does not apply to executive             as she said, it bears the name of a
                                             court-of-the-united-states-day-4
                                                                                                     nominations.’’
                                                Durbin     Comments:      https://twitter.com/
                                                                                                        iii. February 27, 2003 Executive Business
                                                                                                                                                            value—justice—one that carries a
                                             SenatorDurbin/status/                                                                                          unique charge and North Star. It is the
                                                                                                     Meeting Record, on file with the Senate Ju-
                                             1316751184468865025?ref_src=t                                                                                  sacred keeper of the promise of equal
                                                                                                     diciary Committee Library
                                             wsrc%5Etfw%7Ctwcamp                                                                                            justice under the law, and coming from
                                             %5Etweetembed%7Ctwterm%5E131675118446                     The PRESIDING OFFICER. The Sen-
                                             8865025%       7Ctwgr%5E%          7Ctwcon%5Es          ator from Minnesota is recognized.                     the North Star State, that means a lot.
                                             1_&ref_url=https%3A                    %2F%2Fw                    NOMINATION OF VANITA GUPTA                     Her commitment to defending the
                                             ww.commondreams.org%2Fnews%2F2020%2F
                                                                                                       Ms. KLOBUCHAR. Mr. President, I                      Constitution and upholding the integ-
                                             10%2F 15%2Funpreceden ted-lindsey-graham-                                                                      rity of this important Agency is, for
                                             openly-violates-committee-rules-schedule-               thank Senator DURBIN for his leader-
                                                                                                     ship, and following my colleague and                   her, a professional calling. It is also a
                                             vote-barrett                                                                                                   personal calling. As she has described,
                                                4. Graham (116th Cong.)                              friend, Senator LEE, I disagree with
                                                a. Violation: Rule III                               him vehemently about Vanita Gupta.                     she inherited from her parents, who
                                                i. Date: October 22, 2020                            She is someone I have worked closely                   came to this country, a belief in the
                                                ii. Summary: Chairman Graham broke the               with for years on voting rights, on po-                promise of America, one that carries
                                             Committee’s business quorum rule, which                 lice reform, and just last year I                      with it a personal responsibility to
                                             states that nine Members of the Committee,
                                                                                                     marched with her across the Edmund                     make this country better for everyone.
                                             including at least two Members of the minor-                                                                     We all know immigrants who think
                                             ity, must be present to transact business. No           Pettus Bridge with the late John Lewis
                                             Committee Democrats attended this mark-                 to mark the 55th anniversary of Bloody                 like that every day—people who have
                                             up, at which Amy Coney Barrett’s nomina-                Sunday in Selma, AL.                                   just arrived and people who have raised
                                             tion was voted out of Committee. Chairman                 After working alongside her to build                 their families here. They are Vanita
                                             Graham ignored this rule, and Committee                 a more just system, I have no doubt                    Gupta. There is no question that Ms.
                                             Republicans voted 12–0 to advance Barrett               that she will take this job on with two                Gupta has the experience for this job.
                                             along with the other nominees on the agenda             words, two words that I think are so                     As an attorney for the NAACP Legal
                                             that day.
                                                                                                     important right now to build trust                     Defense and Educational Fund, she
                                                iii.             Source:               https://
                                             www.judiciary.senate.gov/meetings/1           0/22/     with the people of this country: honor                 worked on the frontlines, fighting in
                                             2020/executive-business-meeting                         and integrity. That is what has marked                 court to protect the civil rights of




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                                                 CHAIRMAN GRASSLEY RULE VIOLATIONS
                                                                                                     her career.                                            some of the most vulnerable people.
                                                                                                       As a civil rights lawyer, public serv-               Later, at the American Civil Liberties
                                               1. Grassley (115th Cong.)
                                               a. Violation: Rule IV                                 ant, and as President of the Leadership                Union, she brought cases on behalf of
                                               i. Date: September 13, 2018                           Conference on Civil and Human Rights,                  immigrant children and worked to end
                                               ii. Summary: Then-Chairman Grassley vio-              the Nation’s oldest, largest, and most                 mass incarceration while keeping com-
                                             lated Rule IV by passing a motion to cut off            diverse civil and human rights coali-                  munities safe.



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                                             S1968                                             CONGRESSIONAL RECORD — SENATE                                                           April 15, 2021
                                               While serving as our country’s chief                  partment has in protecting victims of                  leadership team at the Justice Depart-
                                             civil rights prosecutor at the Depart-                  domestic violence, and I look forward                  ment. She would bring to that critical
                                             ment of Justice, during the Obama ad-                   to working with her on these issues.                   role a long record of working with
                                             ministration, she led critical work on                    As chair of the Subcommittee on                      folks across the ideological spectrum
                                             criminal justice reform, prosecuting                    Antitrust, Competition Policy and                      in our country on some of our Nation’s
                                             hate crimes and human trafficking, de-                  Consumer Rights, I am also pleased                     most difficult and most sensitive
                                             fending the right to vote, and pro-                     that Ms. Gupta committed to make                       issues, some that are urgent and press-
                                             tecting the rights of the LGBTQ com-                    vigorous antitrust enforcement a pri-                  ing like criminal justice reform and po-
                                             munity and those with disabilities.                     ority. I think there is agreement from                 licing.
                                               Ms. Gupta’s depth of experience at                    both sides of the aisle that robust com-                 Unfortunately, a campaign launched
                                             the Department of Justice and her                       petition is essential to protect con-                  against Ms. Gupta shortly after her
                                             years as a civil rights attorney make                   sumers, workers, and businesses, large                 nomination has painted a misleading
                                             her imminently qualified to serve as                    and small.                                             portrait of her as a partisan and a rad-
                                             Associate Attorney General. In that                       I am confident that Ms. Gupta will                   ical. I won’t repeat or rehash these un-
                                             position, she will oversee the work of                  lead the Department’s efforts to con-                  founded critiques, but the fact is this
                                             the Department’s Civil Rights Division                  front monopoly power and restore com-                  caricature could not be further from
                                             and will help direct the Department’s                   petitive markets along with Lisa                       the truth.
                                             work to reform our justice system.                      Monaco and along with, of course, the                    As letter after letter has come in
                                             Having helped to lead the Federal re-                   Attorney General himself, Merrick                      from her supporters to the Judiciary
                                             view of police practices, she under-                    Garland.                                               Committee, in which I serve, we heard
                                             stands the need for systemic reform in                    Ms. Gupta’s history as a champion of                 over and over that, at her core, Ms.
                                             our justice system, as well as ways to                  civil rights and record as a consensus                 Gupta is a person who seeks to build
                                             work with law enforcement—with law                      builder makes her, as I said, the right                bridges, to understand others’ points of
                                             enforcement—to        make      necessary               person at the right time. She has the                  view, and to build consensus and solve
                                             changes.                                                backing of more than 220 national civil                problems.
                                               That is why she has the support of                    and human rights organizations, in-                      One of the elements of this campaign
                                             police chiefs, sheriffs, and major law                  cluding the ACLU, the NAACP, and the                   to mischaracterize her suggests that
                                             enforcement groups across the country,                  Human Rights Campaign.                                 somehow she is anti-police or anti-law
                                             including the National Sheriffs’ Asso-                    She has, as I said, the support from                 enforcement, and, in this particular in-
                                             ciation, including the International As-                law enforcement and from former De-                    stance, the distinction between those
                                             sociation of Chiefs of Police, and in-                  partment of Justice leaders from both                  who worked with her and know her and
                                             cluding the Major Cities Chiefs Asso-                   parties. She is a person who works to                  what we have heard in this social
                                             ciation. They know that Ms. Gupta is a                  bring people together to get big things                media campaign and in our committee
                                             trusted partner who, as the Fraternal                   done. That is what we need right now,                  and here on the floor of the Senate
                                             Order of Police wrote in a letter of sup-               someone who sees that vision but also                  could not be sharper.
                                             port, has ‘‘always worked with us to                    understands that the way we get to jus-                  We heard from multiple leading na-
                                             find common ground even when that                       tice is by doing things step by step by                tional law enforcement organizations
                                             seemed impossible.’’                                    step and bringing people with you as                   that have worked with her in specific
                                               Grover Norquist, a Republican and                     you march along. We need to do more                    and clear and concrete terms. The Na-
                                             president of Americans for Tax Reform,                  than restore what has been undermined                  tional Sheriffs’ Association, in their
                                             described Ms. Gupta as ‘‘an honest                      or lost. We need the courage of leader-                letter of support, said:
                                             broker; someone with an ability not                     ship to preserve and strengthen our de-                  Ms. Gupta has an open mind and a strong
                                             only to understand but also appreciate                  mocracy by protecting the rule of law.                 desire to understand the viewpoint of each
                                             different perspectives. She was some-                     I would like to finally acknowledge                  stakeholder. She is able to find common
                                             one who sought consensus,’’ he said.                    that her nomination is historic. In ad-                ground with law enforcement.
                                             That is exactly the kind of person we                   dition to Ms. Gupta’s years of experi-                   They added:
                                             need at the Department right now.                       ence, dedication to justice, and support                [Ms. Gupta] possesses immense credibility
                                               I look forward to working with her                    from across the ideological spectrum,                  among law enforcement leaders.
                                             on the next steps in our efforts to re-                 she will be the first civil rights lawyer                And they said:
                                             form our criminal justice system,                       and the first woman of color to serve as                 [She is] exactly the type of leader who is
                                             which we were able to discuss at her                    Associate Attorney General. I look for-                needed in the Justice Department today.
                                             hearing. We talked about her commit-                    ward to confirming her to be Associate
                                             ment to police reform and the need to                                                                            From the Fraternal Order of Police:
                                                                                                     Attorney General, and I urge my col-
                                             increase funding for alternatives to in-                                                                         She always worked with us to find common
                                                                                                     leagues to do the same.
                                                                                                                                                            ground, even when that seemed impossible.
                                             carceration, such as drug court, which                    I yield the floor.                                   Her open and candid approach has created a
                                             is something I have worked on for                         The PRESIDING OFFICER. The Sen-                      working relationship grounded in mutual re-
                                             years since my time as county attor-                    ator from Delaware.                                    spect and understanding.
                                             ney, and her support for conviction in-                   Mr. COONS. Mr. President, I rise
                                                                                                                                                              And the Federal Law Enforcement
                                             tegrity units to help States to review                  today in support of Vanita Gupta’s
                                                                                                                                                            Officers Association in their letter
                                             legal cases for people believed to be in-               nomination to be the Associate Attor-
                                                                                                                                                            said:
                                             nocent. She gets that the work of a                     ney General of the U.S. Department of
                                                                                                                                                              [Ms. Gupta has a] proven history of work-
                                             prosecutor is, yes, working for safety,                 Justice. Those of us who have had the
                                                                                                                                                            ing with law enforcement agencies . . . and
                                             but it is also to be a minister of justice              joy and the honor of getting to know                   elected officials across the spectrum.
                                             and to make sure that people are treat-                 her and working with her know Ms.
                                                                                                                                                              We even heard from a leading con-
                                             ed equally under the law.                               Gupta to be engaging and smart, a
                                               I also have talked to Ms. Gupta about                                                                        servative advocate and activist, Grover
                                                                                                     skilled and balanced lawyer and practi-
                                             the urgent need to finally reauthorize                                                                         Norquist, the leader of Americans for
                                                                                                     tioner, and someone who will bring
                                             the Violence Against Women Act,                                                                                Tax Reform. Mr. Norquist wrote:
                                                                                                     great values in leadership to the U.S.
                                             which I hope my colleagues and I will                   Department of Justice.                                   I have come to know and respect Ms.
                                                                                                                                                            Gupta through our common work on crimi-
                                             work to pass and get to President                         Ms. Gupta has devoted her career to
                                                                                                                                                            nal justice reform issues. I found her strong-
                                             Biden’s desk. In the Obama administra-                  public service and to protecting and ad-               ly qualified, effective, principled, driven by a
                                             tion, she coordinated the Department                    vancing the civil and constitutional                   desire to seek common purpose and con-




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                                             of Justice’s efforts to develop guidance                rights we all cherish as Americans.                    sensus. . . . At every step, Ms. Gupta was an
                                             supported by data on how law enforce-                   President Biden, Attorney General                      honest broker, someone with an ability to
                                             ment can prevent gender bias when re-                   Garland, and Lisa Monaco, the Presi-                   understand, appreciate different perspec-
                                             sponding to sexual assault and domes-                   dent’s nominee to be Deputy Attorney                   tives, someone who sought consensus.
                                             tic violence. At our hearing, she af-                   General, have all made clear Ms. Gupta                  Last but not least, we heard from
                                             firmed the important role that the De-                  would serve as an integral part of the                 Mark Holden, general counsel of Koch



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                                             April 15, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                S1969
                                             Industries, who worked with her on                      dinary step. I voted to support Ms.                      When Ms. Gupta was asked about this
                                             criminal justice reform and wrote the                   Monaco’s nomination, who has been                      at her confirmation hearing, she did
                                             committee saying:                                       nominated for Deputy Attorney Gen-                     not mince words. She said she does not
                                               I respected and admired how Ms. Gupta                 eral, as well as the Attorney General                  support defunding the police. So I fol-
                                             was not ideologically driven, but principled            himself, Judge Merrick Garland. As I                   lowed up with a written question for
                                             and solutions-oriented. . . . Ms. Gupta is a            said, those were not controversial                     the record. I asked Ms. Gupta, fol-
                                             principled leader who seeks to find common              nominees. This nominee is a polarizing,                lowing the hearing, to explain the dis-
                                             ground and will work with anyone com-                   partisan activist and should not be                    tinction between ‘‘decrease police
                                             mitted to making the system better and
                                             more effective.
                                                                                                     confirmed to this important position.                  budgets’’ and ‘‘defund the police,’’ so
                                                                                                        The lack of support for Ms. Gupta is                we could understand her views. After
                                               I just plead with my colleagues to re-                not a reflection on her political affili-              all, the Associate Attorney General
                                             flect for a moment: Are these the sorts                 ation, nor of her gender, nor of her                   will play an important role in making
                                             of letters that we would have received                  race, as the chairman of the Judiciary                 grants to fund States and local police
                                             in support of someone who is genuinely                  Committee intimated. The opposition                    departments. But Ms. Gupta offered no
                                             intolerant and in support of someone                    to Ms. Gupta is a direct result of her                 explanation. She simply said, once
                                             who is the radical activist this mis-                   history of inflammatory public state-                  again, she does not support defunding
                                             leading campaign has attempted to                       ments, radical policy positions, and a                 the police.
                                             portray her as being?                                   laundry list of misleading statements                    Now, I can understand when people
                                               Instead, Vanita Gupta has dem-                        and flat-out lies during her sworn testi-              change their minds. I think reasonably
                                             onstrated in her work and in her career                 mony before the Judiciary Committee.                   intelligent people, as they acquire new
                                             that she is pragmatic, she is principled,                  The position of Associate Attorney                  information, maybe reflecting on their
                                             and she is a relationship builder in                    General is not some bureaucratic                       previous points of view, change their
                                             search of solutions. Given this broad                   paper-pusher. This is the third ranking                minds, but Ms. Gupta did not offer a
                                             and bipartisan support in the letters                   position at the Department of Justice,                 single bit of information for this shift
                                             that came to us on the committee and                    the highest law enforcement Agency in                  between her statement last summer
                                             as Members of this body, I was sur-                     America. The American people deserve                   saying that State and local leaders
                                             prised and disappointed that some of                    to know that the individuals leading                   must heed calls to ‘‘decrease police
                                             my colleagues on the other side have                    the Department have no agenda other                    budgets’’ and her current position,
                                             continued to levee this misleading bar-                 than to fairly and impartially admin-                  which is that she does not support
                                             rage of unsubstantiated attacks.                        ister justice, but based on everything                 defunding the police.
                                               So, in conclusion, I would ask my                     we now know about Ms. Gupta, I do not                    Then there were her statements on
                                             colleagues to consider her fairly and to                have faith in her ability to deliver on                qualified immunity. This is an impor-
                                             listen to the range and the scores of                   this most basic principle.                             tant issue for Congress to discuss and
                                             groups that have described her as a                        Ms. Gupta is not a career public serv-              debate because it is qualified immunity
                                             principled, honest broker. She cares                    ant. She is a partisan culture warrior                 that protects law enforcement officers,
                                             deeply about protecting the civil rights                with a radical agenda. During her ten-                 given the nature of the discretionary
                                             and civil liberties of all Americans and                ure in jobs outside of government, dur-                decisions they need to make in emer-
                                             about being fairminded and taking into                  ing which she was a registered lob-                    gency circumstances. Again, there are
                                             consideration all points of view. She                   byist, Ms. Gupta was quite outspoken                   people on both sides of that argument.
                                             will bring that same approach to her                    about her views on just about every                      But in June 2020, less than a year
                                             service and leadership as Associate At-                 topic you can imagine. She slandered                   ago, Ms. Gupta argued in a Washington
                                             torney General.                                         Supreme Court nominees. She vilified                   Post opinion piece that it is time to re-
                                               This should not be a party-line, par-                 organizations that she disagreed with.                 visit qualified immunity. Well, you can
                                             tisan vote. Vanita Gupta is the right                   She even took a crack or two at a num-                 imagine I asked her about that at the
                                             leader at the right time to help our                    ber of our Senate colleagues.                          hearing. And, again, she said, un-
                                             U.S. Department of Justice tackle                          But the words I find most troubling                 equivocally, she does not support
                                             some very difficult issues, and I am                    are those that relate directly to the                  eliminating qualified immunity. But,
                                             pleased to stand in support of her nom-                 policies of the Department of Justice                  once again, we received no explanation
                                             ination and will vote for her confirma-                 itself. As the Judiciary Committee                     for her changed position.
                                             tion.                                                   evaluated Ms. Gupta’s qualifications,                    And while her statements are inten-
                                               The PRESIDING OFFICER. The Sen-                       she was asked about her previous                       tionally, I believe, unclear at best, her
                                             ator from Texas.                                        writings and her public statements on                  words about previously held beliefs on
                                               Mr. CORNYN. Mr. President, later                      a variety of topics. There is a lot to                 drug policy represent an irreconcilable
                                             this afternoon, the Senate will vote on                 sort through.                                          conflict. Back in 2012, Ms. Gupta au-
                                             whether to discharge the nomination of                     First, following the tragic killing of              thored an opinion piece on November 4,
                                             Vanita Gupta, the nominee for Asso-                     George Floyd last summer, people                       2012, in the HuffPost. In that article,
                                             ciate Attorney General, from the Judi-                  across the country engaged in an im-                   she argued that the States should de-
                                             ciary Committee.                                        portant discussion and debate about                    criminalize possession of all drugs—all
                                               Ms. Gupta is a polarizing figure, as                  the use of force by police officers and                drugs, not just marijuana, all drugs,
                                             reflected by the vote in the Judiciary                  responsible policing strategies.                       presumably, to include prescription
                                             Committee. It was a tie vote, 11 votes                     The Judiciary Committee held a                      opioids, heroin, methamphetamine,
                                             to 11. So she failed to receive a major-                hearing on this very topic, and Ms.                    fentanyl, you name it—all drugs.
                                             ity support from the committee, and                     Gupta was one of the star witnesses. At                  Well, I don’t have to remind Members
                                             now the Senate must vote on whether                     the time, she was the president and                    of this Senate that more than 80,000
                                             or not her nomination can come to the                   CEO of the Leadership Conference on                    Americans have died from drug
                                             Senate floor for consideration.                         Civil and Human Rights. She testified                  overdoses this last year alone, and
                                               I want to be clear, though, the pas-                  before the committee there, under                      much of it would include the sorts of
                                             sionate opposition of this nominee is                   oath, that it is ‘‘critical for state and              drugs that, back in 2012, Ms. Gupta said
                                             not about politics. I voted to confirm                  local leaders to heed calls . . . to de-               should be legalized—or at least de-
                                             the vast majority of President Biden’s                  crease police budgets and the scope,                   criminalized, to be fair—decriminal-
                                             nominees, my attitude being that he                     [and] role, and responsibility of police               ized, although the distinction between
                                             won the election and he is entitled to                  in our lives.’’                                        that may be lost on some.




ctelli on DSK11ZRN23PROD with SENATE
                                             populate a Cabinet and other impor-                        Well, for obvious reasons, the phrase                 Well, I am sure that this will surprise
                                             tant positions with people he has con-                  ‘‘decrease police budgets’’ and ‘‘defund               no one that this is a controversial
                                             fidence in. But there are limits.                       the police’’ lead to the same conclusion               view. Congress has spent billions upon
                                               The President’s nominees for the top                  that she believes police departments                   billions of dollars to fight the opioid
                                             two positions for the Department of                     need less—not more—resources in order                  epidemic in this country. We passed
                                             Justice did not require this extraor-                   to maintain public safety.                             the Cures Act, the CARES Act, to try



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                                             S1970                                             CONGRESSIONAL RECORD — SENATE                                                       April 15, 2021
                                             to get at this epidemic of opioid addic-                   As I said earlier, Ms. Gupta was a                  the Department of Justice to look into
                                             tion and abuse. But Ms. Gupta, circa                    registered lobbyist and spent a good                   it.
                                             2012, said that these drugs—all drugs—                  part of her career pushing a very spe-                    Asked about this, asked about
                                             should be decriminalized for personal                   cific agenda and a range of radical poli-              Avantor’s activities, Ms. Gupta said:
                                             use.                                                    cies to go along with it. In the process,              ‘‘I’m aware of the allegations.’’
                                               Well, I followed up with a question                   she disparaged individuals, organiza-                     I do not have faith, nor should the
                                             because, during the hearing, Ms. Gupta                  tions, and political parties who dared                 Senate have faith, nor should the
                                             talked about how her views had                          to oppose her beliefs.                                 American people have faith that Ms.
                                             evolved since 2012. Again, as we all                       She wrote about the growing number                  Gupta will act fairly and impartially if
                                             have different experiences over time,                   of conservatives on the Federal bench                  confirmed to this position. If she was
                                             we learn new information, perhaps re-                   and said: ‘‘Republicans have planted                   willing to lie to the American people
                                             flect on our previously held views, I un-               the seeds of this takeover for decades—                during her confirmation hearings be-
                                             derstand how people’s views can                         and now, they are leaping into action.’’               fore the Judiciary Committee, imagine
                                             change. But then she wasn’t satisfied                   I wonder if she realized she might one                 how she might treat others with dis-
                                             with that answer.                                       day be in a position of advocating on                  dain, people who hold opposing views in
                                               So I followed up with a written ques-                 the Department of Justice before the                   our society, using the great weight and
                                             tion. I asked Ms. Gupta if she ever                     very same judges that she has dispar-                  power of the Department of Justice
                                             made this statement that is printed in                  aged.                                                  perhaps to further some of her par-
                                             black and white in the HuffPost, dated                     She tweeted that Justice Kavanaugh                  tisan, political, ideological agenda.
                                             circa 2012. She said: ‘‘I have never’’—                 ‘‘lied’’ to the Judiciary Committee and                   Can we really expect someone with
                                             never—‘‘advocated for the decrimi-                      ‘‘showed himself to be a partisan.’’ And               this track record, this history, to live
                                             nalization of all drugs.’’ She said:                    she is going to represent the American                 up to the highest ideals of the Justice
                                             ‘‘States should decriminalize simple                    people in the highest Court in the land,               Department? And, for example, we all
                                             possession of all drugs.’’ Compare that                 populated by Justices she has called a                 know lawyers are taught that, if you
                                             with ‘‘I have never advocated for the                   liar? Well, she has called a number of                 have exculpatory information about a
                                             decriminalization of all drugs.’’ Those                 other Federal judges—she has described                 criminal defendant, you have a duty to
                                             are irreconcilable positions.                           a number of them with similar disdain.                 disclose that to the other side. If you
                                               And the fact is, if you believe Ms.                      Now, I find it hard to believe that                 are the prosecutor, you have a duty to
                                             Gupta circa 2012, it is simply a lie. It is             these views, which are not from dec-                   disclose it to the defendant so it can be
                                             a lie under oath, potentially perjury. I                ades-old law school writings or that                   cross-examined and used in the course
                                             mean, why do we swear witnesses in if                   you can write off to immaturity or per-                of a jury trial.
                                             some of them will take the burden of                    haps satire—like we heard yesterday                       Do we really expect someone who ap-
                                             their oath so lightly and they would lie                from Ms. CLARKE, who has been nomi-                    pears willing to lie with such disregard
                                             with impunity? I mean, what is the                      nated to the civil rights division—these               for the truth to disclose exculpatory
                                             purpose?                                                are recent public statements which                     material that a person sued by the De-
                                               She didn’t just lie to me. She lied to                this nominee no longer claims to hold.                 partment of Justice would have a right
                                             Chairman DURBIN. She lied to Senator                       Like I said, if confirmed, she will su-             to, or would she just try to sit on it?
                                             WHITEHOUSE. She lied to every member                    pervise litigation in front of the many                   Can we really expect her to hire peo-
                                             of the Judiciary Committee. And, un-                    Federal judges she has disparaged, and                 ple around her based on merit as op-
                                             fortunately, she is lying to the Senate.                she will be in an extraordinarily power-               posed to some political litmus test?
                                             She has been given many opportunities                   ful position to bend the Department of                 Can we really expect her to disclose
                                             to reconcile these radically conflicting                Justice to her political whims.                        material information to the Foreign
                                             statements. These are diametrically                        Ms. Gupta is the daughter of a gen-                 Intelligence Surveillance Court or en-
                                             opposed positions. If she had a good an-                tleman who heads up a chemical com-                    courage folks under her supervision to
                                             swer, if she cared enough, if she re-                   pany that produces all sorts of chemi-                 be meticulous and forthright with the
                                             spected Members of the Senate enough,                   cals for a variety of legitimate pur-                  court when seeking warrants? I don’t
                                             she would have provided us an answer                    poses. It looks like, from her financial               think so.
                                             rather than just an outright lie.                       disclosure statement, he has been very                    Given the incredible power of the De-
                                               Here is a fact check from the Wash-                   successful and so has Ms. Gupta, in                    partment of Justice and all the tools
                                             ington Post, that great ultra or uber-                  family trusts worth tens of millions of                available to it, Ms. Gupta’s radical be-
                                             conservative publication. As you can                    dollars, much of it including the stock                liefs and agenda—that she believes in
                                             see, they gave her a unique Pinocchio                   of Avantor, the company that her fa-                   sincerely, apparently—these would be
                                             award. I have never seen a Pinocchio                    ther heads.                                            more than words on a screen. Her views
                                             award like this. Ordinarily, they would                    I realize Ms. Gupta is not personally               would be terribly dangerous to the
                                             say, well, you get one, two, or three, or               responsible, as a shareholder in this                  American people. Based on her track
                                             four Pinocchios based on whether or                     company, but it is clear, I believe, from              record, I have no confidence in her
                                             not we find this to be a misrepresenta-                 an investigative journalism story by                   ability to act with fairness, candor, or
                                             tion of the facts or a lie.                             Bloomberg dated September 2020 that                    integrity.
                                               But here, they said: ‘‘For this tango                 Avantor was selling acetic anhydride,                     As a member of the bar, as a lawyer,
                                             of previously unacknowledged flip-                      an essential ingredient in converting                  you have a higher duty, than even a
                                             flops, Gupta [deserves] an Upside-Down                  poppies to heroin, for at least the last               regular citizen, of candor. The model
                                             Pinocchio’’—‘‘Upside-Down                               decade.                                                disciplinary rules that apply to law-
                                             Pinocchio.’’ They went on to say                           She owns tens of millions of dollars’               yers, members of the bar, like Ms.
                                             Vanita Gupta’s shifting views on                        worth of that stock.                                   Gupta, who is a member of the New
                                             defunding the police, decriminalizing                      I have asked the Attorney General                   York bar as well as the Supreme Court
                                             drugs     deserve    this   Upside-Down                 and the Securities and Exchange Com-                   bar—they are subject to discipline from
                                             Pinocchio, March 10, 2021.                              mission to look into Avantor’s conduct                 grievance committees in those jurisdic-
                                               If you published an op-ed saying the                  because, if, in fact, an American chem-                tions.
                                             sky is purple and now you say the sky                   ical manufacturer has been selling ace-                   We know that they have real teeth
                                             is blue, don’t tell us you never thought                tic anhydride in the country where                     because former President Clinton, as
                                             the sky was purple. Have a little more                  they know that it will be available to                 you may recall, lied under oath as a
                                             respect for your obligation for one of                  the criminal cartels and drug runners—                 lawyer and was disbarred by the Ar-




ctelli on DSK11ZRN23PROD with SENATE
                                             the highest positions in the Depart-                    and they should know that 92 percent                   kansas Bar Association and also had to
                                             ment of Justice not to lie to the Judi-                 of the heroin made in Mexico, using                    give up his membership in the bar of
                                             ciary Committee or the Senate. Have                     acetic anhydride, manufactured by                      the Supreme Court of the United
                                             the courage to tell us the truth and                    Avantor and its subsidiary in Mexico—                  States.
                                             stop trying to deceive the Senate in                    that is a serious, serious problem. So I                  If the Senate is going to make a
                                             order to be confirmed.                                  have asked the Attorney General and                    habit of allowing witnesses to come in



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                                             April 15, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S1971
                                             and lie under oath in such a brazen                     of America has evolved on the question                 my Republican colleagues, this kind of
                                             way, why do we even go through this                     of drugs; has it not? Hasn’t the position              support from law enforcement is lit-
                                             Kabuki theater? Why do we require                       of Texas recently evolved on the de-                   erally unbelievable.
                                             them to take an oath in the first place                 criminalization of some drugs and the                    So here is what my colleague, the
                                             if you can lie with impunity? What is                   possession thereof?                                    junior Senator from Arkansas, asked
                                             the point of going to these hearings if                   We are thinking differently about it.                Ms. Gupta about all these law enforce-
                                             the witnesses are not going to be truth-                We are trying to find the most effec-                  ment endorsements during her con-
                                             ful and answer our questions honestly?                  tive way to end addiction and save                     firmation hearing: ‘‘Did you, or anyone
                                               As I say, I have grave concerns about                 lives. We no longer want to lock every-                on your behalf or anyone in or affili-
                                             this nominee’s ability to separate her                  body up, nor should we. We are decid-                  ated with the Biden campaign transi-
                                             well-documented personal beliefs from                   ing that there are some drug violations                tion or administration, pressure those
                                             her role as a high-ranking official at                  that shouldn’t merit any time in jail,                 organizations with threats of retalia-
                                             the Department of Justice.                              that some people just need help to                     tion if they did not support your nomi-
                                               So it will come as no surprise that I                 break their addiction.                                 nation?’’
                                             will oppose discharging Ms. Gupta’s                       If Vanita Gupta has been part of that                  ‘‘No, Senator,’’ she answered.
                                             nomination from the committee. I                        conversation in America over 9 or 10                     And she wasn’t kidding. Law enforce-
                                             think she should have to come back to                   years, she is in good company. We have                 ment doesn’t brook threats from crimi-
                                             the committee, as we have requested of                  all been part of it. Virtually all of us               nals, let alone Presidential candidates
                                             Chairman DURBIN, to explain these in-                   have been part of it.                                  and executive nominees seeking their
                                             consistencies, if she has a good answer.                  And this notion of defunding the po-                 endorsement.
                                             So far, Chairman DURBIN has declined                    lice—do you honestly believe the Fra-                    And, indeed, they stood up to dispute
                                             to provide her and us that opportunity.                 ternal Order of Police would be endors-                that insinuation. Here is what Jim
                                               But if we want to maintain any sense                  ing her if she wanted to defund the po-                Pasco, the executive director of the
                                             of legitimacy and respect for the con-                  lice?                                                  Fraternal Order of Police, said in re-
                                             firmation process, we need to hold peo-                   She made it clear, as others have too,               sponse:
                                             ple accountable who come here and lie                   that reallocation of funds for law en-                   I was kind of shocked by it. If [the Sen-
                                             under oath. And for that and many                       forcement is just common sense. Put-                   ator] really suspects that, then he doesn’t
                                             other reasons, I will oppose the motion                 ting a social worker in a delicate situa-              really know the law enforcement organiza-
                                             to discharge this nomination.                           tion, putting a psychologist in a deli-                tions as well as he thinks he does, and he
                                               The PRESIDING OFFICER. The Sen-                       cate situation, may spare a policeman                  certainly doesn’t know Vanita Gupta as well
                                             ator from Illinois is recognized.                       a terrible choice that he has to make,                 as I know her.
                                               Mr. DURBIN. Mr. President, before                     and I think most of us agree that it is                  Chuck Wexler is the head of the Po-
                                             yielding to my colleague from Rhode                     common sense.                                          lice Executive Research Forum, and
                                             Island, I would like to respond very                      I yield the floor.                                   here is how he responded:
                                             briefly.                                                  The PRESIDING OFFICER. The Sen-                        Do you really think you can stand up to
                                               My, have we come a long way since                     ator from Rhode Island is recognized.                  law enforcement and threaten them? Do you
                                             we had a President who, for 4 years, re-                  Mr. WHITEHOUSE. Mr. President, I                     really think that’s going to work? We never
                                             fused to disclose his tax returns—first                 am here to express my support for the                  forgot that she stood with us when it
                                             time ever. Oh, they are under audit. I                  nomination of Vanita Gupta to serve as                 mattered.
                                             will get back to you at some other                      Associate Attorney General.                              That is the reason for her support
                                             time later.                                               It is a little strange here on the floor             from law enforcement: She stood with
                                               Now we have witnesses and nominees                    today because under normal cir-                        them when it mattered. And to say
                                             coming before the committee, sug-                       cumstances I would talk about Ms.                      that she is such a radical and so
                                             gested by President Biden, who are pro-                 Gupta’s exemplary record of service                    against law enforcement and disdains
                                             ducing the documentation and the                        and how she will excel as the third in                 those who disagree with her—which
                                             things that are being requested by this                 command of the Department of Justice                   would presumably be law enforcement,
                                             committee so that everyone knows the                    and that she would be a consensus                      if she is such an anti-law-enforcement
                                             answers.                                                nominee. But the extraordinary effort                  radical, as my colleagues suggest—is
                                               So did Ms. Vanita Gupta produce 100                   to scuttle her nomination on a partisan                completely blown to smithereens by
                                             pages of documents? No. Did she                         basis in spite of her exemplary record                 their continued support for her—not
                                             produce 1,000? No, she produced 11,000                  asks some questions about what is                      disdain: ‘‘She stood with us when it
                                             pages of documents, answering every                     going on here.                                         mattered.’’
                                             question that was to be asked. And the                    Vanita Gupta is an accomplished                        So when that effort to blow her up
                                             suggestion the senior Senator from                      lawyer with a record of working well                   exploded in their face, colleagues went
                                             Texas raises—he raised it before in                     with just about everyone. When she                     after an op-ed that she authored 9
                                             committee—that somehow, because her                     was last at the Department, working                    years ago in which she supported de-
                                             family made a business decision about                   on really difficult issues like use-of-                criminalization and defelonization of
                                             selling a chemical, legally, into the na-               force guidelines for police, she built                 simple possession of small amounts of
                                             tion of Mexico, she should be held re-                  solid relationships with law enforce-                  drugs. It could be read to say decrimi-
                                             sponsible as a shareholder or as a mem-                 ment. So they have thrown their full-                  nalization of marijuana—other drugs,
                                             ber of the family?                                      throated support behind her nomina-                    small amounts.
                                               You will notice, if you listen very                   tion.                                                    Well, we know a lot today about sub-
                                             carefully to what the Senator said, he                    Here are the law enforcement agen-                   stance abuse that we didn’t know then
                                             is not saying there was any wrong-                      cies and leaders that are supporting                   that people who have addictions re-
                                             doing. He is saying there was an article                her: the Fraternal Order of Police; the                quire treatment and care, not punish-
                                             once which made that allegation, and                    Major County Sheriffs of America; the                  ment and incarceration. That is no rad-
                                             he has referred the question to others                  International Association of Chiefs of                 ical position. The idea that you should
                                             to decide. That is a long way from say-                 Police; the Major Cities Chiefs Associa-               not prosecute people for possession of
                                             ing Vanita Gupta is responsible for                     tion; the Police Executive Research                    small amounts is the basis of drug
                                             whatever the company did, if it did                     Forum; the Federal Law Enforcement                     courts.
                                             anything, wrong. She has made that                      Officers Association; the Hispanic                       I started the drug court in Rhode Is-
                                             full disclosure, and I think raising this               American Police Command Officers As-                   land. It has been a roaring success. It is




ctelli on DSK11ZRN23PROD with SENATE
                                             is unfair, just fundamentally unfair.                   sociation; NOBLE, the National Orga-                   the basis for diversion programs. As at-
                                               Secondly, on the question of decrimi-                 nization of Black Law Enforcement Ex-                  torney general of my State with full
                                             nalizing drugs, narcotics, she says her                 ecutives; and a whole array of distin-                 criminal jurisdiction in my State of
                                             position on it has evolved. Well, I think               guished law enforcement leaders.                       Rhode Island, we constantly did diver-
                                             the Senator from Texas would be the                       These are influential groups and re-                 sion of cases of possession of small
                                             first to acknowledge that the position                  spected individuals, and, for some of                  amounts of drugs—all kinds of drugs—



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                                             S1972                                             CONGRESSIONAL RECORD — SENATE                                                         April 15, 2021
                                             because they don’t belong in the crimi-                 place. And if the question is whether                  stand the dark money forces behind ads
                                             nal justice system. They get swept up,                  Vanita Gupta advocated decriminaliza-                  like this. So the secret, as my distin-
                                             and you divert them out before pros-                    tion of all drugs, the answer is, in fact,             guished colleague Senator WARNOCK
                                             ecution.                                                no because small amounts of simple                     said: Some people don’t want some peo-
                                               This is nothing peculiar or unusual.                  possession is a very different thing                   ple to vote.
                                             This is the position of the World                       than ‘‘all drugs.’’                                      So the two women who will be over-
                                             Health Organization. This is the posi-                    And now they are hanging this ex-                    seeing the Department of Justice voter
                                             tion of the Organization of American                    traordinary rampart of invective—liar,                 suppression resistance, the legal fight
                                             States. This is the position of the                     deliberate liar—all over getting an                    against voter suppression, the enforce-
                                             International Red Cross. Heck, even                     honest answer to a question that they                  ment of the Civil Rights Act, are being
                                             former Speaker Boehner supported de-                    asked badly or, perhaps, worse yet, a                  subjected to this treatment.
                                             criminalization of simple possession of                 trick question intended to trip her up                   On this, I will stand with Ms. Gupta.
                                             some or all drugs.                                      that she answered honestly.                              There being no objection, the mate-
                                               So they had to get into rhetorical                      So what is going on? Why are they                    rial was ordered to be printed in the
                                             tricks to try to make the point look                    going through this exercise? Well, step                RECORD, as follows:
                                             different than it actually is. And Re-                  back a little bit and look what is going                    [From the Daily Beast, Mar. 22, 2021]
                                             publicans repeatedly asked her ques-                    on in our country. The first thing that                 HOW RIGHT-WING DARK MONEY IS TRYING TO
                                             tions about that statement regarding                    is going on is that there is a massive                             KNEECAP THE BIDEN DOJ
                                             small amounts with respect to what                      dark money campaign for voter sup-                                (By Sheldon Whitehouse)
                                             they call here ‘‘the legalization of ‘all               pression. There is a guy named Leon-                     Someone is targeting Biden Justice De-
                                             drugs.’’’ In response to that, she said:                ard Leo who ran the dark money cam-                    partment nominees Vanita Gupta and
                                               I have never advocated for the legalization           paign that pushed three Supreme Court                  Kristen Clarke with attacks. Why? Both
                                             or decriminalization of all drugs, and I do             Justices onto the Court. The Wash-                     nominees hold exceptional records as litiga-
                                             not support the legalization or decrimi-                ington Post reported that as a $250 mil-               tors and civils rights activists. The respect
                                             nalization of all drugs.                                                                                       they’ve earned extends beyond the civil
                                                                                                     lion effort—$250 million.
                                                                                                                                                            rights movement and progressives to law en-
                                                If I were to come up to you, Mr.                       After the Washington Post article
                                                                                                                                                            forcement and leading conservatives. They
                                             President, and say ‘‘Do you support the                 came out and Leonard Leo was blown                     ought to be consensus picks.
                                             legalization or decriminalization of all                like a covert agent who suddenly is                      But pull back the curtain, and strategy
                                             drugs?’’ what will you take that ques-                  identified with all of this, he has to get             and motive take shape. Gupta and Clarke are
                                             tion to mean? It would seem to mean                     out. Where does he go? He goes to                      poised to use their skills to defend Ameri-
                                             blanket decriminalization or legaliza-                  something called the Honest Elections                  cans’ right to vote, just as the Republican
                                             tion of all drugs, not small amounts—                   Project, which is the sister organiza-                 Party is going all in on voter suppression as
                                             all.                                                    tion of a group called the Judicial Cri-               its path to political victory in 2022.
                                                                                                                                                              Unraveling the strategy starts with the
                                                Well, they went on in this same vein.                sis Network, which—guess what—is                       dark-money group running the ads: the so-
                                             Here is a question for the record from                  running ads against Vanita Gupta.                      called Judicial Crisis Network (JCN). This
                                             Senator HAWLEY describing Senator                         They used to run ads for the Supreme                 group’s ordinary work has been to translate
                                             CORNYN’s question ‘‘whether you advo-                   Court nominees. They spent tens of                     big donors’ money into political attack ads
                                             cate decriminalization of all drugs.’’                  millions of dollars running ads against                in the ‘‘Court capture’’ mission that set out
                                                That is not what she advocated. What                 Garland, for Gorsuch, for Kavanaugh,                   to remake the Supreme Court to the donors’
                                             she advocated was decriminalization of                  for Barrett—tens of millions of dollars.               advantage. JCN has placed more than 10,000
                                             small amounts—consistent with diver-                    But with Biden in the White House, no-                 ads since 2012 in pursuit of that mission, and
                                                                                                                                                            they’ve kept secret the identity of those big
                                             sion, consistent with drug court activ-                 body is listening to them any longer.                  donors.
                                             ity, consistent with the way the sub-                   They are not getting their appointees                    In Donald Trump and Mitch McConnell’s
                                             stance abuse and recovery community                     through, so they moved to voter sup-                   courtpacking machine, this Judicial Crisis
                                             treats this issue, and consistent with                  pression. And all that money and that                  Network spent $7 million to oppose President
                                             the position of all those organizations                 same guy, Leonard Leo, are now lined                   Obama’s Supreme Court nominee Merrick
                                             and many, many more. This is the way                    up behind voter suppression.                           Garland, and then spent another $10 million
                                             we operate in law enforcement these                       So you get dark money ads paid for                   to boost Trump’s nominee Neil Gorsuch. JCN
                                             days.                                                   by Judicial Crisis Network against the                 pledged $10 million or more for Brett
                                                                                                                                                            Kavanaugh’s nomination. It spent $10 mil-
                                                So then they try to focus in on the                  third-ranking person in the Depart-
                                                                                                                                                            lion in under two months to support Amy
                                             word ‘‘never.’’ Senator CORNYN, who                     ment of Justice? They are used to                      Coney Barrett’s bid. These campaigns were
                                             was speaking on the floor a moment                      going for the Supreme Court. They are                  funded with tens of millions of anonymous
                                             ago, ominously said to me, the most                     going after the third-ranking person at                dollars, primarily through four separate do-
                                             important word in that quote is                         the Department of Justice. Why? Be-                    nations of at least $15 million. Those dona-
                                             ‘‘never.’’ As you can see, it is simply a               cause it is voter suppression—because                  tions may well have been the same donor.
                                             misrepresentation of what she said in                   she has been the head of the Civil                       Eye-popping as that is, those millions are
                                             2012.                                                   Rights Division, which prosecuted                      a tiny slice of the funding behind the overall
                                                Well, you could also argue—‘‘I have                                                                         dark-money operation. A 2019 Washington
                                                                                                     voter suppression. She knows that                      Post investigation revealed JCN is one of a
                                             never advocated for the decriminaliza-                  stuff. She will supervise Kristen                      web of front groups coordinated by Leonard
                                             tion of all drugs.’’ You could also argue               Clarke, whom you will hear a lot more                  Leo, the long-time executive vice president
                                             that the key word in that sentence                      nonsense about from the other side,                    of the Federalist Society.
                                             isn’t ‘‘never’’; it is ‘‘all.’’ That is the             who will run the Civil Rights Division                   The Post tracked more than $250 million in
                                             subject of the sentence: ‘‘all drugs.’’                 and sue for voter suppression.                         dark money flowing through Leo’s groups.
                                             Kilos of cocaine, pounds of meth-                         So what this is really about is the                    The groups see to the grooming and selec-
                                             amphetamine—no. Small, simple pos-                      voter suppression project that you see                 tion of reliable nominees, the lobbyists need-
                                                                                                                                                            ed to shepherd nominees through confirma-
                                             session amounts—that is the way ev-                     alive and well in the country from the                 tion, and the attack ads to motivate the con-
                                             erybody treats drugs in law enforce-                    Republican Party. There are reports                    firmation votes. Then, more groups lobby
                                             ment these days.                                        that say that every single legislative                 the selected judges through amicus curiae
                                                As lawyers, we know that it is impor-                body in the country controlled by Re-                  briefs, signaling how their donors want the
                                             tant to get the question right, and it is               publicans is pushing voter suppression                 judges to rule.
                                             not unusual for lawyers to flub the                     measures. I don’t know that it is true,                  The dark-money network has won an ava-
                                             question. When you are asking a ques-                   but it sure looks like it is true. And if              lanche of victories for its donors. There are




ctelli on DSK11ZRN23PROD with SENATE
                                             tion in court and you flub the question,                not, it is darn close. It is a pattern.                80 partisan, 5–4 Supreme Court decisions that
                                                                                                                                                            limit workers’ rights and access to reproduc-
                                             you often get an answer you don’t like,                 Wherever you go in the country, Re-                    tive health care, erode environmental pro-
                                             and the remedy for that is not to call                  publicans in charge—boom—restrict                      tections, block commonsense gun safety
                                             the witness who answered your ques-                     the ballot.                                            laws, undermine civil rights, and protect cor-
                                             tion a liar. The remedy for that is to                    They know people don’t like what                     porations from courtrooms. It is an astound-
                                             get the question right in the first                     they stand for. They know people can’t                 ing 80–0 rout for big right-wing donors.




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                                             April 15, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                S1973
                                               After The Washington Post exposed the                 have had a difficult time finding a lot                tals for that. And as we have discussed
                                             $250 million operation, Leo stepped back                in common with some of the nominees                    on this floor today, the fact checkers
                                             from his Federalist Society role and turned             that President Biden has sent over to                  have had a pretty good time with that.
                                             up at a new organization improbably named
                                             the Honest Elections Project. This project
                                                                                                     us at Judiciary Committee. But as a                    Back in March, the Washington Post
                                             began voter suppression work in political               member of that committee, it is my re-                 took her to task—Senator CORNYN
                                             swing states like Florida, Nevada, Wisconsin,           sponsibility to approach each nomina-                  talked about this—her evolving posi-
                                             and Michigan that included: negative ads                tion with an open mind. Some I have                    tion, her shifting views on defunding
                                             against Democrats; threatening letters to               decided were worthy of an ‘‘aye’’ vote.                the police, decriminalization of drugs.
                                             election officials challenging voter rolls; and         There are others, like Ms. Gupta, that                 This is the Washington Post. This is
                                             a barrage of lawsuits seeking voting restric-           I feel are not worthy of a confirmation                the Washington Post that gave her the
                                             tions for November’s election.                          vote.
                                               ‘‘Trump’s cronies at the Justice Depart-
                                                                                                                                                            unusual upside-down Pinocchio because
                                                                                                       Over the course of the review of in-                 she was flip-flopping and evolving at
                                             ment showed dark-money donors the value of
                                             a captive Department that would look away               formation—and to my friend, the chair-                 such a rapid rate, they couldn’t keep
                                             from voter suppression schemes.’’                       man of the Judiciary Committee, 11,000                 up with it.
                                               The media soon uncovered that the Honest              pages of documents—you can send in a                     Madam President, everyone has the
                                             Elections Project was a rebrand of the Judi-            million pages of documents, but if you                 right and the opportunity to change
                                             cial Education Project—which shared con-                are not answering the question, if you                 their mind. Absolutely, people have the
                                             nections, donors, and aims with its sister              are trying to circumvent the question
                                             group—yes, the Judicial Crisis Network. As a
                                                                                                                                                            right to change their mind, but trying
                                                                                                     or nuance it or dance around it, it still              to follow the many changes of her mind
                                             reporter for The Guardian observed, the Hon-
                                             est Elections Project melds two goals of the
                                                                                                     doesn’t answer the question. So the                    on the issue of drug crimes, on decrimi-
                                             right-wing dark-money operation: first, pack            volume doesn’t really matter.                          nalization, on defunding police—these
                                             the federal judiciary; and second, bring vot-             What matters is someone who steps                    are important issues to our commu-
                                             ing rights cases before the packed courts.              up and says: Here is my answer—clear,                  nities. These are not a game. These are
                                             Rigging elections through the courts is now             concise. That is what you want, and                    very important issues to the safety and
                                             a Republican judicial priority.                         that is what the American people ex-                   security of our communities.
                                               This brings us back to Gupta and Clarke.              pect.
                                             Gupta once ran the Civil Rights Division.
                                                                                                                                                              The number of inconsistencies in her
                                                                                                       I arrived at the opinion that, no, I                 testimony more than test the bound-
                                             She prosecuted hate crimes and human traf-              didn’t think she was fit to take that
                                             ficking, promoted disability and LGBTQ                                                                         aries of understanding. Is she still
                                                                                                     No. 3 position, not because I disagreed                evolving? Is she going to flip-flop, as
                                             rights, and fought discrimination in edu-
                                             cation, housing, employment, lending, and               politically but because the answers                    the Washington Post says, back to her
                                             religious exercise. But most important, she             that she gave on some specific issues—                 previous opinions of 2012? Is she going
                                             challenged voter suppression. Gupta, if con-            police funding, drug legalization, quali-              to flip-flop again? Would we see that in
                                             firmed as assistant attorney general, will su-          fied immunity—were so inconsistent
                                                                                                                                                            the next 11,000 pages of documents that
                                             pervise the Civil Rights Division she once              with what she had previously said or
                                             ran.
                                                                                                                                                            were submitted that she has decided to
                                                                                                     what she had previously written that
                                               Accomplished civil rights attorney Clarke                                                                    change her mind one more time? From
                                                                                                     no one can say with any degree of cer-
                                             will fill Gupta’s former role running the Di-                                                                  what standard is she going to work at
                                                                                                     tainty what she will do with the new-
                                             vision and enforcing voting rights. The Hon-                                                                   the Department of Justice?
                                             est Elections Project, kin to the Judicial              found power if we decided to give that                   Each of these are concerns. Each of
                                             Crisis Network, wants no part of these two              to her. No one knows what she would
                                                                                                                                                            these are reasons that my hope is that
                                             women, because they will be strong, moti-               do.
                                                                                                                                                            this Chamber will refuse to discharge
                                             vated leaders against unlawful voter suppres-             Due to the time constraints we have
                                                                                                     on the floor today, I want to go back to               Vanita Gupta for a confirmation vote.
                                             sion. They preferred Trump’s Civil Rights
                                                                                                                                                              I yield the floor.
                                             Division, which didn’t bring one single Vot-            the 2012 article and use that as one ex-                 The PRESIDING OFFICER. The Sen-
                                             ing Rights Act case until late May of 2020.             ample. There has been quite a bit said
                                               That’s the motive. The donor-approved Re-                                                                    ator from Rhode Island.
                                                                                                     about that. Now, she was in the posi-                    Mr. WHITEHOUSE. Madam Presi-
                                             publican appointees to the Supreme Court
                                                                                                     tion of the ACLU’s deputy legal direc-                 dent, before my distinguished friend’s
                                             may handcuff the Civil Rights Division with
                                             further judicial assaults on voting rights.             tor. She wrote an op-ed arguing—and I                  speech, I ask unanimous consent to
                                             But Trump’s cronies at the Justice Depart-              quote, and we have just heard a good                   have an article appended as an exhibit
                                             ment showed dark-money donors the value of              bit about this—‘‘States should decrimi-                to the remarks I gave earlier.
                                             a captive Department that would look away               nalize simple possession of all drugs,                   The PRESIDING OFFICER. The Sen-
                                             from voter suppression schemes. As Repub-               particularly marijuana, and for small                  ator from North Dakota.
                                             licans hinge their election strategy on keep-           amounts of other drugs.’’ That is a
                                             ing Americans from voting, an active Civil                                                                             REMEMBERING DOUGLAS BURTELL
                                                                                                     quote.
                                             Rights Division is a deadly threat.                       Speaking as a Senator representing                     Mr. CRAMER. Madam President, 12
                                               I get it. If I were a right-wing special inter-
                                                                                                     the interests of a State struggling to                 days ago, on April 3, we brought sad
                                             est group, the last thing I would want is                                                                      news of the passing of Douglas Burtell,
                                             these two experienced lawyers wielding the              emerge from the opioid epidemic, this
                                                                                                     statement to me is a disqualifier. It is               of Bowman, ND, the last known World
                                             power of the Justice Department to defend
                                                                                                     as simple as that.                                     War II veteran residing in my State
                                             voting rights. But for everybody else, these
                                             women are two appointments to applaud.                    Senator CORNYN added to that con-                    from the legendary 164th Infantry
                                               Mr. VAN HOLLEN. I yield the floor.                    versation with other specific items                    Regiment of the North Dakota Na-
                                               The PRESIDING OFFICER (Ms. COR-                       that have transpired in her past. In her               tional Guard. Tomorrow would have
                                             TEZ MASTO). The Senator from Ten-                       hearing, which took place in March,                    been his 97th birthday, April 16. I join
                                             nessee is recognized.                                   Ms. Gupta almost got away with dis-                    in remembering and honoring him and
                                               Mrs. BLACKBURN. Madam Presi-                          avowing that op-ed. But when we                        the generation of heroes he represents
                                             dent, I find it so interesting that my                  pressed her on it, what did she have to                to our State and to our Nation.
                                             friend and colleague across the aisle is                say? That her position had evolved.                      Douglas Burtell joined the National
                                             trying to deflect questions and con-                      It seems there is an issue with some                 Guard in Fargo at the age of 16. In Feb-
                                             cerns that we have by insinuations and                  of these nominees that are coming be-                  ruary of 1942, 2 months after the attack
                                             some pretty disgusting slander, and I                   fore us. They are going through these                  on Pearl Harbor, this Casselton native
                                             am sorry that we have listened to that                  just in time, road to Damascus, evo-                   was among the 1,723 young men to mo-
                                             here on the floor of this Chamber.                      lution processes. All of a sudden, they                bilize in the 164th Infantry Regiment.
                                               Yes, indeed, I am coming to the floor                 are evolving to a position of something                Ten months later, the regiment sailed
                                             today to oppose discharging Vanita                      that they think the committee wants                    into history as the first U.S. Army unit




ctelli on DSK11ZRN23PROD with SENATE
                                             Gupta from this floor to be confirmed                   to hear, that they think will help them                to offensively engage the enemy in the
                                             as the Associate Attorney General.                      skirt through, that they think will                    Pacific when they landed at Guadal-
                                             And, yes, I have concerns. I have had                   help them get confirmed so that they                   canal on October 13, 1942. There they
                                             questions in committee.                                 can hold the power.                                    reinforced the 1st Marine Division and
                                               I will tell you I didn’t expect to find                 Ms. Gupta has also evolved on crimi-                 spent more than 600 days in the combat
                                             a lot in common with her because I                      nal justice reform, on the fundamen-                   zone until August 1945.



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