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Congressional Record, Senate, January 11, 2022, Page S143

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A page of the Congressional Record, Senate, dated January 11, 2022, at page S143, carrying part of a long speech by a Senator, which ends with To be continued. The Senator criticizes the Biden Court Commission, saying its report ignored the role of dark money amici curiae and of donors, and quotes a Fox News host's remarks about the bench. The Senator says dark money shaped the Court, that donors did not spend $400 million on the scheme for nothing, and that the record shows partisan wins for donors in 5-to-4 decisions. The remarks are the Senator's own and are partisan.

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“Congressional Record, Senate, January 11, 2022, Page S143.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-01-11-crec-2022-01-11-pt1-pgs143-3a93aa7a55/, SHA-256 7a1cced38c9983382ecc26c2079803c0c59ac68f754d908ed46d9b432990394b.

Full text

                                             January 11, 2022                                  CONGRESSIONAL RECORD — SENATE                                                                  S143
                                             Several of us wrote to the Commission                   Commission by the President feel that                   of this court’’; ‘‘blow it up’’; ‘‘change
                                             to point out the scheme’s telltale foot-                this Court is on a one-way trip from                    things finally’’ if we don’t get the out-
                                             prints. The Commission even received                    America being a defective but still                     come we deserve after all of our money
                                             testimony about another pernicious                      hopeful democracy toward a system in                    spent through the Federalist Society.
                                             issue: the Court’s reliance on fake facts               which the few corruptly govern the                        So I am waiting to see what reaction
                                             supplied by dark money amici curiae,                    many.                                                   from this Justice there is when this
                                             especially in politically important                       They concluded by saying this:                        real threat comes, but from the right-
                                             cases for the rightwing donors like                       Instead of serving as a guardrail against             wing FOX News channel. The FOX
                                             Shelby County and Citizens United.                      going over that cliff, our Supreme Court has            News outburst was particularly rash
                                             Somehow, none of this made it into the                  become an all-too-willing accomplice—                   and indiscreet, but the Republican Jus-
                                             Commission’s discussion.                                     Accomplice—                                        tices get marching orders like this all
                                               Ducking all these facts was no small                       in that disaster.                                  the time at the fat-cat dinners, on jun-
                                             feat. As the Presiding Officer knows,                     All of that was kept out of the re-                   kets with the rightwing donor class,
                                             one of the first exercises that law pro-                port.                                                   and from the orchestrated flotillas of
                                             fessors give their first-year law stu-                    The fact is evident that dark money                   dark money amici curiae that encircle
                                             dents is called issue spotting. You get                 political forces had a controlling and                  the Court for big cases launched by the
                                             a case, and you are asked to go through                 anonymous role in the makeup of the                     big donors.
                                             it and list all the potential issues it                                                                           The Justices are constantly reminded
                                                                                                     present Court. You can’t dispute that.
                                             raises, spot the issues. Well, these                                                                            of who propelled them to the Court and
                                                                                                     It is not surprising that the donor in-
                                             issues all sat in plain view before the                                                                         what they are supposed to deliver. And
                                                                                                     terests who accomplished that should                    the truth is, the record reveals, the
                                             Commission. Yet the Commission                          want their due. As I said, you don’t
                                             flunked the rudimentary law school                                                                              statistics make plain the Republican
                                                                                                     spend $400 million on this scheme for                   Justices do deliver over and over and
                                             test of issue spotting.                                 nothing.
                                               Now, part of the problem was conflict                                                                         over again—more than 80 partisan wins
                                                                                                       Just a few days before the Commis-                    for scheme donors in those 5-to-4—and
                                             of interest. Many members of this                       sion unveiled the final draft of its re-
                                             Commission argue before the Court and                                                                           now we can expect 6-to-3—partisan de-
                                                                                                     port and right after oral arguments in                  cisions.
                                             need its good will for their bread and                  the big abortion cases that are pending                   So the Biden Court Commission
                                             butter. Others are law professors eager                 before the Court, there was a telling in-               missed its moment. It ducked all of
                                             to plant their students in prestigious                  cident. FOX News host Laura Ingraham                    this. So on we must go through the
                                             Supreme Court clerkships. For many                      lost her cool, and she said on plain tel-               stench of partisan capture of the Court,
                                             members, rocking the boat could have                    evision the quiet part out loud. Here is                and on I will go exposing the scheme
                                             unhappy consequences.                                   what she said:                                          that did it.
                                               Clearly, though, some Commission                        We have six Republican appointees on this               To be continued.
                                             members tried and failed to get these                   court, after all the money that has been                  I yield the floor.
                                             issues considered. Two members—re-                      raised, the Federalist Society, all these big             I suggest the absence of a quorum.
                                             tired Federal Judge Nancy Gertner                       fat cat dinners—I’m sorry, I’m pissed about               The PRESIDING OFFICER (Mr.
                                             from the Presiding Officer’s home                       this—                                                   PETERS). The clerk will call the roll.
                                             State and Harvard Law School’s Lau-                       Excuse me for that language, but it                     The legislative clerk proceeded to
                                             rence Tribe—had an op-ed ready for                      is a direct quote—                                      call the roll.
                                             print the day the report was released.                    if this court with six justices cannot do the           Ms. MURKOWSKI. Mr. President, I
                                             They called for a serious overhaul of                   right thing here . . . then I think it’s time to        ask unanimous consent that the order
                                             the Court due to what they called ‘‘the                 do what Robert Bork said we should do,                  for the quorum call be rescinded.
                                             dubious legitimacy of the way some                      which is to circumscribe the jurisdiction of              The PRESIDING OFFICER. Without
                                             Justices were appointed,’’ due to that                  this court and if they want to blow it up,              objection, it is so ordered.
                                                                                                     then that’s the way to change things finally.
                                             stench     of   bipartisanship    Justice                                                                                         FILIBUSTER
                                             Sotomayor has observed, and due to                         Let’s deconstruct that little outburst                  Ms. MURKOWSKI. Mr. President,
                                             what they called the ‘‘anti-egalitarian                 for a second.                                           there has been a lot of discussion on
                                             direction’’ of the Court’s political deci-                 First, it basically admits to the                    the floor, certainly today and the days
                                             sions on voting rights and dark                         scheme: ‘‘all the money that has been                   leading up to this, as we talk about the
                                             money.’’                                                raised’’—that is the $400 million I                     importance of protecting minority
                                               Judge Gertner and Professor Tribe                     talked about; ‘‘the Federalist Soci-                    rights here in the Senate and the con-
                                             wrote:                                                  ety’’—that is the big donor-controlled                  sequences of weakening the legislative
                                               Though fellow commissioners and others                turnstile for rightwing advancement to                  filibuster to a 50-vote, majority-serving
                                             have voiced concern about the impact that a             the Supreme Court; and ‘‘all these big                  threshold. There is a lot to say, and
                                             report implicitly criticizing the Supreme               fat cat dinners’’—wow. I would love to                  there has been a lot said already.
                                             Court might have on judicial independence               know more about that. We do know                           I was here listening to the comments
                                             and thus judicial legitimacy, we do not share           that Justices have taken undisclosed                    from my friend from Utah and have
                                             that concern. Far worse are the dangers that            vacations in the company of people                      had an opportunity to hear much of
                                             flow from ignoring the court’s real prob-               with interests before the Court, so                     what has been said throughout the
                                             lems—of pretending conditions have not
                                             changed; of insisting improper efforts to ma-
                                                                                                     what is a little ‘‘big fat cat dinner’’                 course of the day. But I am here per-
                                             nipulate the court’s membership have not                among friends, huh?                                     haps as the sole Senate Republican who
                                             taken place; of looking the other way when                 Second, that little outburst is a flat-              will vote to begin debate on the John
                                             the court seeks to undo decades of precedent            out threat to the Court: Decide the big                 Lewis Voting Rights Advancement Act
                                             relied on by half the population to shape               abortion cases the way we want, the six                 because I happen to believe that it is
                                             their lives just because, given the new ma-             of you, or we ‘‘circumscribe the juris-                 important that we focus on improving
                                             jority, it has the votes.                               diction of this court’’; ‘‘blow it up’’;                our election laws, but I also believe
                                               Judge Gertner and Professor Tribe                     ‘‘change things finally.’’                              very, very strongly that the way to do
                                             rightly warned that we can’t afford                        There is a particularly thin-skinned                 that is through the regular order proc-
                                             more decisions like Shelby County and                   Federalist Society Justice who has                      ess. It might sound kind of boring, but
                                             Citizens United, which would put the                    been giving speeches condemning an                      that is actually how you get the good
                                             Court on what they called a ‘‘one-way                   imaginary threat I supposedly made to                   work, the enduring legislation done.
                                             trip from a defective but still hopeful                 ‘‘bully’’ the Court in a brief maybe                       I am also here, I guess, as a senior




dlhill on DSK120RN23PROD with SENATE
                                             democracy toward a system in which                      read by a couple of hundred people. It                  Member of the Chamber now. I have
                                             the few corruptly govern the many,                      didn’t actually happen that way, but                    been around for almost 20 years. I have
                                             something between autocracy and oli-                    never mind. Like I said, he is particu-                 spent time in both the majority and
                                             garchy.’’                                               larly thin-skinned.                                     the minority. But I am also here be-
                                               Think about that. People distin-                         But now here comes this plain                        cause I care—I really care—about legis-
                                             guished enough to be appointed to this                  threat: ‘‘circumscribe the jurisdiction                 lating. I understand what it takes to



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                                             S144                                              CONGRESSIONAL RECORD — SENATE                                                  January 11, 2022
                                             work across the aisle to bring good pol-                ority through. Perhaps we need to                      was good for me when I was in the mi-
                                             icy into law.                                           focus on how we are bringing people to-                nority is no longer good for me when I
                                               One of the things that I can tell you                 gether to advance that priority.                       am in the majority or vice versa. It has
                                             from firsthand experience is, it is hard.                  This body, the Senate, was never                    to work both ways.
                                             It is hard work. It is hard work to                     meant to be the House of Representa-                     So when as Republicans in the major-
                                             bring people together, particularly on                  tives. Senator Robert Byrd, who served                 ity we were urged mightily by former
                                             some of these challenging and difficult                 both as the majority and the minority                  President Trump to get rid of the fili-
                                             issues that we have.                                    leader—so I think he had pretty good                   buster, I was one of those who said: No.
                                               When the problems are hard, that                      perspective on things—he also re-                      No. We should not do that. And that is
                                             means usually the solutions are equal-                  minded us about the saucer and the                     why my advice today to the majority is
                                             ly hard. But that is our job as legisla-                role that the House plays—excuse me,                   be careful, be careful what you wish for
                                             tors—to bring sides together, to find                   that the Senate plays.                                 because you may look at this and say
                                             that common ground.                                        The Senate is the proverbial saucer                 this may help advance the immediate
                                               That is what legislating is all about.                intended to cool the cup of coffee from                legislative agenda—what they are talk-
                                             And so with all of that in mind, I tell                 the House. Nobody likes it, particu-                   ing about now is voting rights. You
                                             you I believe that weakening the cur-                   larly the guys in the House. They don’t                may be able to advance the immediate
                                             rent 60-vote threshold would be a major                 like it when they say: Oh, you are so                  legislative agenda there, but the long-
                                             mistake, a damaging mistake, espe-                      slow over here. But we were meant to                   term effects might look pretty dif-
                                             cially in light of the already deep divi-               be deliberative.                                       ferent.
                                             sion that we have within our country                       The more we become like the House,                    And I think we have seen a little bit
                                             today and within the divisions that we                  the less relevant, in my view, we are as               of a suggestion of what that could look
                                             have represented in this body today.                    an institution and the further we will                 like when you don’t have the protec-
                                               So the nuclear option is reportedly                   have strayed from that balance, that                   tions in order for the minority. So I
                                             coming our way to change the thresh-                    careful balance that the Constitution                  think it is good for us to be having this
                                             old for cloture on legislation—on legis-                envisions for our branch of govern-                    open discussion. I think it is important
                                             lation to 50 votes and to do this with                  ment.                                                  that we be thinking about the practical
                                             just 50 votes. But I would suggest to                      So we have been here before. As I was               effects of weakening the filibuster.
                                             you that this will do nothing to cure                   walking over, I was thinking this is                     What will happen if it no longer pro-
                                             what actually ails the Senate, and,                     like deja vu all over again. How many                  tects the minority and instead only
                                             therefore, we should reject it.                         times have we had these battles over                   serves to benefit the majority? A 50-
                                               I mentioned that the job that we                      the filibuster? Should we exercise the                 vote threshold would allow the major-
                                             have as legislators is to come together                 nuclear option? Should we pull this                    ity to push through, to rush through
                                             to knit the good ideas from one side to                 trigger?                                               legislation without consideration of
                                             the other, to really build that con-                       Well, back in 2017, I signed a letter,              the minority views. And keep in mind
                                             sensus that will allow for enduring pol-                along with 60 other Members of this                    that we may be in the minority now, a
                                             icy and enduring laws. Gutting the fili-                Chamber. There were 28 Republicans, 32                 50–50 minority—pretty skinny minor-
                                             buster is not going to do anything to                   Democrats, 1 Independent. We came to-                  ity—but a minority that is elected
                                             bring both sides together. It will not                  gether as a pretty representative group                with support from major portions of
                                             help bring the parties together. It will,               of lawmakers, and we urged both Re-                    the country.
                                             unfortunately, just serve to push them                  publican and Democratic leaders to                       Removing the filibuster would reduce
                                             further apart, split us further apart. It               preserve the 60-vote threshold for legis-              the need for the parties to work to-
                                             would not lead to better or consensus                   lation—for    legislation—because     we               gether to reach the broad consensus on
                                             legislation.                                            knew where we had come from. The Re-                   policy, again, that can endure across
                                               It effectively allows the majority to                 publicans had used the nuclear option                  elections. And I think that is impor-
                                             do what it wants to do, when it wants                   to eliminate the filibuster for Supreme                tant for us to just stop and take ac-
                                             to do it, how it wants to do it without                 Court nominees after the Democrats                     count of because when you don’t have
                                             the minority. It effectively allows you                 used it in 2013 for eliminating the fili-              legislation that is enduring, when you
                                             to ignore the views from the minority.                  buster for confirmation of the lower                   move legislation that is wholly par-
                                             This rule change would not restore us                   court and executive branch.                            tisan, what happens when the tables
                                             as the world’s greatest deliberative                       So it is kind of one of these where                 are turned? The new majority spends
                                             body.                                                   they did it, so it is OK for us to do it.              all of its time trying to undo what the
                                               I know that there are those who                       Far be it for me to suggest that some-                 old majority got passed on a wholly
                                             would suggest that we are far, far from                 times the analogies are like what we                   partisan basis.
                                             that, but I would suggest that if we do                 have when we have got the kids in the                    Now we are not giving certainty to
                                             this, it really obliterates that reputa-                back of the car and somebody says:                     the Nation. We are not helping the
                                             tion forever.                                           Well, he started it. And the other one                 economy move along. It is a whipsaw.
                                               There has been a lot of talk about                    says: No, well, then I get to do it. And               It is policy whiplash. Who is going to
                                             the differences between the House and                   my response is: Knock it off both of                   be investing in policies if they just
                                             the Senate. We are different. We were                   you.                                                   think that what was just passed into
                                             designed different. The Framers de-                        Maybe we just need to have a detente                law is going to be undone in the next
                                             signed the Senate as an institution                     here on whether or not we blow up the                  Congress?
                                             where the rights of individual Senators                 filibuster. Maybe we need to just step                   We owe it to our constituents, we
                                             as well as minority groups of Senators                  back from this and realize what it                     owe it to the country to give them
                                             are protected. They are highly pro-                     means to all of us because those of us                 some certainty with policy, and that
                                             tected. That is what our rules reflect.                 who are in the minority today will one                 comes about when you are working to
                                               And that is why—why we can hold                       day be in the majority, and those who                  build consensus.
                                             forth, why an individual—one person—                    are in the majority today will one day                   Eliminating the filibuster would
                                             can register objections, why we can                     be in the minority.                                    make primary elections into fealty
                                             place holds and offer motions and fili-                    And so making sure that there is a                  tests, even more, even more than they
                                             buster legislation when we deem it nec-                 balance, that it works, that minority                  already are, as each party sets its
                                             essary. And I know we don’t like it                     rights are respected—this is why we                    sights on candidates who are probably
                                             when it is being used against us—we                     are here today. I know that there are                  unlikely to act independently once in




dlhill on DSK120RN23PROD with SENATE
                                             don’t—because it slows things down. It                  several Senators who signed that letter                office. I mean, why bother? But, again,
                                             is frustrating. But it is part of what                  back in 2017 who are now seeing their                  it would whipsaw—whipsaw—the coun-
                                             has been built into our institution.                    words repeated against them. That has                  try on policy. And as I think about the
                                               And some may say, well, it is obvi-                   got to feel pretty uncomfortable. I                    state of our economy right now, where
                                             ously not working, it is obviously not                  don’t want to be one of those who feels                we need to be investing in—we have got
                                             functioning because I can’t get my pri-                 like I have to eat my words; that what                 a great infrastructure bill that we are



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                                             January 11, 2022                                  CONGRESSIONAL RECORD — SENATE                                                                 S145
                                             all poised to try to advance, lots of                      So let’s take this back. Let’s take it              up. We kept working at it. And, in fair-
                                             good things coming for that—we don’t                    to the committee process. Let’s look                   ness, I think we actually worked to im-
                                             want to be undermining investment in                    for areas of agreement, like some sug-                 prove the legislation.
                                             our ability to address major challenges                 gestion has been out in the past couple                  As difficult as it might have been, it
                                             if we are looking at a situation where,                 weeks here, reforming the Electoral                    was through that process that we were
                                             again, the new majority coming in,                      Count Act. I don’t know how far that                   able to come to some terms on HFCs,
                                             they just work to reverse the work of                   can take us, but when something like                   probably as significant an effort that
                                             their predecessors.                                     this is put on the table, let’s take a                 we have made when it comes to reduc-
                                               These aren’t good outcomes for a di-                  look at this.                                          ing emissions, and that came about as
                                             vided nation, and they only take us                        Let’s work through some of these                    a result of that very deliberative proc-
                                             further from what should be our goal.                   proposals rather than just summarily                   ess that you wanted to pull your hair
                                             We have got to be focused. We have got                  dismissing it out of hand. Let’s take                  out over, but it actually worked to ad-
                                             to be focused on finding more ways to                   that time, put in the effort, build a                  vance that legislation.
                                             work together. And we have got good                     product that can pass and hopefully by                   But I think what happens is this
                                             examples. We had an energy bill that                    more than just the smallest of mar-                    forces us, as Members, to work to-
                                             we advanced in 2020, a good bill. We had                gins. We did that before with Voting                   gether and to remember we can over-
                                             been working on that for a long time,                   Rights Act historically. We have dem-                  come these. And in these partisan
                                             but it was a very bipartisan product.                   onstrated that it can be done.                         times, they prevent the majority from
                                               I mentioned our bipartisan infra-                        As far as rule changes, I agree we                  simply running over the minority,
                                             structure bill. We have the CARES Act                   should be having the debate. But how                   which only serves to worsen our polit-
                                             as another example. So many measures                    we do the debate, I think, is also im-                 ical divide.
                                             have shown us that this is absolutely                   portant. We want to have a thoughtful                    The 60-vote threshold for legislation
                                             possible.                                               discussion. Both sides need to be in-                  requires consensus to be part of the
                                               As part of that, when we consider                     volved. Any Member who wants to par-                   legislative strategy. Changing it to 50
                                             changing the rules, we need to focus on                 ticipate should be doing so.                           votes to serve the narrowest possible
                                             incentivizing bipartisanship, pushing                      But these discussions need to focus                 majority will lose that essential ben-
                                             Members to reach across the aisle, not                  on the problem, and the problem is                     efit; it will have lasting consequences
                                             making it less of a priority. Let’s think               that there is not enough consensus                     for the Senate and for the people that
                                             about how we do that in a positive                      building across parties. That is what                  we serve.
                                             sense, how we are pushing one another                                                                            So I absolutely think that we can do
                                                                                                     we need to be focusing on, rather than
                                             to work to build things rather than di-                                                                        better than this, better approaches for
                                                                                                     focusing on eliminating the need for it
                                             viding one another and just throwing                                                                           both voting rights legislation and rules
                                                                                                     altogether.
                                             things at one another.                                                                                         changes. They are available to us. We
                                                                                                        So instead of targeting the filibuster,
                                               I will vote against any motion to                                                                            just have to work. Neither side is going
                                                                                                     one of the things that I have suggested
                                             weaken the filibuster or create carve-                                                                         to get everything that it wants out of
                                                                                                     to several folks is the development of a
                                             outs within it. Legislation and legis-                                                                         them, but I absolutely believe that we
                                                                                                     consensus calendar. Now, I am not say-
                                             lating in and of itself, as I mentioned                                                                        will be better served, our country will
                                                                                                     ing it is going to solve everything, but
                                             at the outset, it is not supposed to be                                                                        be better served if we have a bipartisan
                                                                                                     if you have strong, bipartisan bills that
                                             easy. We don’t have that red ‘‘easy’’                                                                          path working together.
                                             button on our desk here. It is delib-                   have made it through the process, they                   With that, I yield the floor.
                                             erately hard.                                           have demonstrated that good, strong                      The PRESIDING OFFICER. The Sen-
                                               But as I learned from somebody a                      show of support, there ought to be a                   ator from Wyoming.
                                             couple weeks ago, I don’t want to come                  way that we can move things through                      Mr. BARRASSO. Mr. President, I
                                             to talk about the problems without of-                  on an expedited process, an expedited                  come to the floor to congratulate and
                                             fering up some solutions at the same                    consideration.                                         commend the remarks by the senior
                                             time. I do have some suggestions for                       There has also been a lot of talk                   Senator from Alaska. She certainly
                                             how we could perhaps move forward on                    about eliminating the filibuster on the                knows from whence she speaks.
                                             voting rights legislation, potential                    motion to proceed.                                       I remember so well the discussion
                                             changes to our rules. So for voting                        So these are areas where, again, I                  that she just mentioned with regard to
                                             rights, the Senate doesn’t need to                      think you have had thoughtful people                   the energy bill and HRCs and the effort
                                             change its rules here; the majority                     willing to sit down and say: Can we re-                for a cleaner environment, and it was
                                             needs to change its approach.                           form our processes around here? Can                    through the process that we were able
                                               You have me—basically me alone at                     we be more efficient? Can we still be                  to come up with legislation that we be-
                                             this point—willing to debate one of the                 that cooling saucer, that deliberative                 lieve—all believe—was a better result
                                             measures that was written. It was writ-                 body, but be more efficient?                           for the Nation and for the environ-
                                             ten on a partisan basis, but I did my                      I would argue that no rules changes                 ment.
                                             homework. I looked at it. I weighed in.                 should take effect this year. Whatever                   It took longer than any of us wish it
                                             I worked with colleagues on the other                   we can agree to, let’s set the effective               would have taken, but it was through
                                             side of the aisle and made some good,                   date of January of 2023. Make these de-                that process. And had we been in a sit-
                                             solid suggestions. I think we have had                  cisions based on what any majority in                  uation without the ability to filibuster,
                                             some good dialogue there. I think it is                 any year should have to govern.                        we would have never gotten to such a
                                             important. I want to reach a com-                          We need to make sure that if we are                 good result because a 50–50 Senate is—
                                             promise on it. I think that that would                  changing the rules, we do it for the                   basically it is a mandate to move to
                                             be important, but I have acknowledged                   right reason. We do it because it is the               the middle.
                                             that there needs to be some changes                     right thing to do for the Senate, no                     So I commend the senior Senator
                                             that would need to be made to that,                     matter who is in charge. And I think                   from Alaska. She knows from whence
                                             and I have worked to suggest it.                        that is just a matter of fairness there.               she speaks. She is very high up in se-
                                               But what that does for right here                        We all know that filibusters can be so              niority in the institution. She has in-
                                             right now is it makes it abundantly                     very, very frustrating, and those in the               stitutional memory, more than many,
                                             clear that we don’t have agreement                      majority feel it directly. I know of                   many Members of this body, and when
                                             right now on voting rights legislation,                 which I speak. I have been there. It can               she says what goes around comes
                                             so it is no wonder that the legislation                 be agonizing. It is like you are up                    around and the shoe is, at another
                                             is being blocked.                                       against a brick wall.                                  time, on the opposite foot, she knows




dlhill on DSK120RN23PROD with SENATE
                                               Partisan bills don’t suddenly become                     As I mentioned, when we were ad-                    what the implications of those are and
                                             bipartisan just because they have hit                   vancing my energy bill several years                   why what the Democrats are proposing
                                             the floor. So instead of looking for                    back, I can’t tell you how many times                  now is in the wrong direction for the
                                             ways around consensus, we have got to                   I felt like I had the rug pulled out from              country.
                                             go back; we have got to actually start                  underneath us. But it was a good legis-                  So I believe it is misguided, and I
                                             building it.                                            lative product, and so we didn’t give                  concur with her comments.



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                                             S146                                              CONGRESSIONAL RECORD — SENATE                                                  January 11, 2022
                                                              NORD STREAM 2                          energy emergency as well. It is because                  Joe Biden is against American pipe-
                                               Mr. President, I come to the floor                    Europe already gets almost half of its                 lines, but in May, he gave a green light
                                             today on another matter, and that is to                 gas imports from Russia. With the                      to Vladimir Putin’s pipeline between
                                             support sanctions on Vladimir Putin                     Nord Stream 2 pipeline from Russia to                  Russia and Germany. This is a betrayal
                                             and his Nord Stream 2 pipeline.                         Germany, the imports will only need to                 of American energy workers. It is a be-
                                               This body will be voting on that very                 go up, and they will go up.                            trayal of America’s allies in Europe.
                                             issue in the next day or so, and I am                     Under Secretary Victoria Nuland                        If the Nord Stream 2 pipeline is com-
                                             urging my colleagues to support S.                      told the Senate Foreign Relations                      pleted, it will double the amount of
                                             3436, which is known as Protecting Eu-                  Committee, ‘‘We have been counseling                   Russian natural gas flowing into Ger-
                                             rope’s Energy Security Implementa-                      Europe for almost a decade now to re-                  many. Putin will be able to manipulate
                                             tion Act.                                               duce its dependence on Russian en-                     the price and the availability of energy
                                               Let me just explain why this is so                    ergy.’’                                                to European nations in the middle of
                                             important. And it is important because                    A decade. A decade includes the ad-                  winter. He will be able to hold half of
                                             right now, Vladimir Putin has mobi-                     ministrations of both President Trump                  Europe hostage.
                                             lized close to 100,000 troops near the                  and President Obama. Yet Joe Biden                       Stopping this pipeline should be an
                                             border with Ukraine. They are nearly                    has done everything he can to cripple                  area of bipartisan agreement in this
                                             encircling the country of Ukraine. Our                  American energy production.                            body. In fact, it was an area of bipar-
                                             intelligence community has warned of                      What happens with that? Well, it                     tisan agreement until Joe Biden be-
                                             a potential Russian invasion of                         makes our allies more dependent on                     came President. Even Joe Biden said
                                             Ukraine in the next month or so.                        Russia for energy. It gives more power                 that he was against the pipeline—well,
                                               So why is this happening? Well,                       to Putin.                                              until he was for it.
                                             Vladimir Putin has always wanted to                       Under Joe Biden, American energy                       Many Democrats voted for the sanc-
                                             control and dominate Ukraine. This is                   production hasn’t really recovered yet                 tions against the pipeline on more than
                                             nothing new. He invaded in 2014. He il-                 to the 2019 levels. This is a direct result            one occasion, but when Joe Biden flip-
                                             legally annexed Crimea and continues                    of the anti-American energy policies of                flopped, so did they.
                                             to occupy Crimea today. Now, he wants                   this White House.                                        Senate Democrats now are running
                                             more, and he is now also flush with                       On his first day in office, Joe Biden                interference for Joe Biden. But Demo-
                                             cash. With Joe Biden in the White                       killed the Keystone XL pipeline. He                    crats just spent 4 years talking about
                                             House and the Democrat energy poli-                     then blocked new oil and gas leases on                 Russia, Russia, Russia—obsessed with
                                                                                                     Federal lands. We are now producing                    Russia. They spent 4 years going on
                                             cies, Vladimir Putin has hit the energy
                                                                                                     1.4 million fewer barrels of oil each day              TV, spreading conspiracy theories, all
                                             financial jackpot.
                                               You don’t have to take my word for                    than we were before the pandemic.                      of which were false.
                                                                                                                                                              Yet now, the Democrat caucus is at-
                                             it; take it from the Biden administra-                    We are, in the U.S., now, using more
                                                                                                                                                            tempting to protect the Kremlin’s
                                             tion. Joe Biden’s Under Secretary of                    oil imported from Russia than we are
                                                                                                                                                            greatest geopolitical weapon.
                                             State for Political Affairs is one of his               using oil from our own home State of                     For the Democratic Party, this is a
                                             top Russia experts for our own State                    Alaska. It is a national disgrace to be                return to tradition. Democrats were
                                             Department. She has spent her entire                    dependent more upon Russia for oil                     soft on Russia during the Cold War,
                                             career working on issues related to                     than we are from our neighboring                       soft on Russia under the Obama admin-
                                             Russia, Ukraine, and Europe.                            State of Alaska.                                       istration. Hillary Clinton gave the Rus-
                                               Well, in December, she testified be-                    Joe Biden’s National Security Advi-                  sians a great big reset button. Presi-
                                             fore the Foreign Relations Committee.                   sor even pleaded with Russia to                        dent Obama was caught in a hot-micro-
                                             She testified about increasing Russian                  produce more oil—hard to believe, hard                 phone moment telling the Russian
                                             aggression on the Ukraine border. She                   to believe that the National Security                  President at the time that he would
                                             said, ‘‘Energy is the cash cow that en-                 Advisor for Joe Biden in the White                     have more flexibility: Tell Vladimir I
                                             ables these kinds of military deploy-                   House would plead with Russia to                       will have more flexibility after I am re-
                                             ments.’’                                                produce more oil.                                      elected.
                                               She said Vladimir Putin ‘‘needs the                     Well, the administration actually put                  Democrats talk tough—they did
                                             energy to flow as much as the con-                      the Russian energy request on the                      under the last administration, that is.
                                             sumers need’’ it to flow.                               White House website. Joe Biden would                   But now we are back to the old Demo-
                                               But why is that? Well, it is because                  rather have America buy energy from                    cratic playbook. This is the kind of
                                             of Russian energy that Putin is able to                 our enemies than sell energy to our                    Washington, DC, partisanship the
                                             pursue these dangerous military ambi-                   friends.                                               American people hate—the same thing
                                             tions.                                                    Joe Biden would rather have Euro-                    Democrats did with Iran when Barack
                                               The late Senator John McCain, with                    pean nations dependent on Russian en-                  Obama was in the White House.
                                             whom I have traveled on several occa-                   ergy than increase American energy                       An American President must always
                                             sions to Ukraine, used to say, ‘‘Russia                 production and exports from home here                  negotiate from a position of strength.
                                             is a Mafia-run gas company disguised                    to our allies. It is completely back-                  Democrats tend to think if you give
                                             as a country.’’                                         wards.                                                 Putin or the Ayatollah something they
                                               Energy is the only successful sector                    Under Joe Biden, American energy                     demand, that they will then play nice.
                                             of the Russian economy. Natural gas is                  production is down and energy prices,                  That is not how the real world works.
                                             what is propping up the Russian mili-                   as any consumer knows, is way up.                      Vladimir Putin is cunning, he is oppor-
                                             tary and the entire Putin regime.                       American families are caught paying                    tunistic, and he is aggressive. He sees
                                             Vladimir Putin uses energy as a geo-                    the price for these policies of the                    an opportunity, and he takes it. He can
                                             political weapon, and he knows how to                   Democrats and the Biden administra-                    smell weakness. He respects strength,
                                             use it.                                                 tion.                                                  not statements.
                                               He uses energy to coerce and to ma-                     In November, we saw the biggest en-                    The Nord Stream 2 Pipeline from
                                             nipulate our allies and our partners in                 ergy price increase in 10 years. CNBC                  Russia to Germany will be an enor-
                                             Europe. If they don’t do something                      reports that one in five American fami-                mous transfer of wealth from our allies
                                             that Putin wants or they do something                   lies can’t afford to pay an energy bill                to our enemy. It will make our allies
                                             that he doesn’t like, he can turn off the               this year. Roughly the same percent-                   weaker, and, of course, it will make
                                             power and turn off the heat. We just                    age have kept their home at an                         Vladimir Putin stronger. When Putin
                                             saw an example of this in November,                     unhealthy low temperature because                      gets stronger, he gets even more ag-




dlhill on DSK120RN23PROD with SENATE
                                             when Russia threatened to cut off gas                   they can’t afford the cost to heat their               gressive.
                                             flows to the small and neighboring                      home. People who traveled for Christ-                    History should not be kind to those
                                             country of Moldova. Moldova had to                      mas just faced some of the highest                     who gifted Putin a pipeline, pointed
                                             declare a state of emergency.                           Christmas Day gasoline prices in his-                  like a gun into the heart of Europe.
                                               Well, under Joe Biden’s energy poli-                  tory. American families are getting                      This vote to support sanctions on the
                                             cies, Europe will soon be in a state of                 squeezed, and Putin is getting rich.                   Nord Stream 2 Pipeline is our chance



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