Congressional Record, April 15, 2021 — Senate
Summary
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/
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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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