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Congressional Record, Senate, February 16, 2022 — U.S. Attorney and Marshal Nominations

Summary

Congressional Record, Senate, February 16, 2022, page S739 and following. A senator speaks about American energy production and gasoline prices. Durbin says the junior Senator from Arkansas is blocking the confirmations of six U.S. attorneys and two U.S. marshals, and makes a unanimous consent request that the Senate consider listed nominations en bloc; Schumer also speaks in support of the nominees. The page also records the vote on the Wallander nomination, announced as yeas 94, nays 1.

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“Congressional Record, Senate, February 16, 2022 — U.S. Attorney and Marshal Nominations.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-02-16-crec-2022-02-16-pt1-pgs739-a461a30f25/, SHA-256 7e35320c948f5c005905f22ed3dfe8f2b2cfdcf466cc0ba38146c8f162479d04.

Full text

                                               February 16, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                 S739
                                               county commissioners. The bill in-                      ming. We have it all across the coun-                    Sadly, we find ourselves in the same
                                               cludes electric vehicles so that they                   try. Produce American energy. Use                      position today, 2 months later, with
                                               get subsidized. Of course, electric vehi-               American energy.                                       the same Senator from Arkansas. He is
                                               cles pay no gas tax because they don’t                    Vladimir Putin knows how to use en-                  again objecting to the swift confirma-
                                               use gas; they use electricity. So they                  ergy. He uses it as a weapon, and he is                tion of U.S. attorney and U.S. marshal
                                               don’t subsidize in any way or pay to                    using it as a weapon right now, holding                nominations. In short, this same Sen-
                                               use the roads for the wear and tear on                  Europe hostage. Germany has fallen                     ator is making it increasingly difficult
                                               the roads that they drive. Yet the                      into his trap with Nord Stream 2. He                   for us to prosecute violent criminals,
                                               Democrats are calling for billions and                  knows how to use energy. We have been                  track down fugitives, and protect
                                               billions of dollars of subsidies for those              in the United States an energy super-                  Americans      from     gang    violence,
                                               drivers. Nearly every Democrat in this                  power. We are. We have the capacity to                 cybercrime, terrorism, and fraud.
                                               body still supports this taxpayer give-                 do it. We have gone from energy de-                      It is worth taking a moment to con-
                                               away.                                                   pendence to energy independence, to                    sider what U.S. attorneys and U.S.
                                                 Nearly every Democrat in the Senate                   energy dominance. We need to return                    marshals do. The positions that they
                                               still supports Joe Biden’s war on Amer-                 to the day when we are using American                  hold are nearly as old as the Nation
                                               ican energy. Well, the war on American                  energy.                                                itself. Both U.S. marshal and U.S. at-
                                               energy is raising the cost to American                    We are much better as a country and                  torney positions were created by the
                                               consumers.                                              safer as a country and stronger as a                   Judiciary Act of 1789, passed by the
                                                 As I said, if we are going to take 18                 country if we sell energy from the                     First Congress, and signed into law by
                                               cents off the cost of a gallon of gas                   United States to our friends rather                    President George Washington.
                                               when it is already up a dollar a gallon                 than follow the Joe Biden route of beg-                  The specific responsibilities have
                                               or more, and by summer will be a lot                    ging Vladimir Putin to sell some of his                changed over time, but the core func-
                                               higher than that, it is like putting a                  energy to us. That weakens America. It                 tion is the same. This is the Federal
                                               bandaid on a bullet hole. And Joe                       weakens us. It weakens our future.                     answer to enforcing the law, pros-
                                               Biden, once again, yesterday, talked to                   We have the resources here in Amer-                  ecuting crimes, and protecting our
                                               these county commissioners, pro-                        ica. We have the know-how. We have                     communities.      U.S.   attorneys    are
                                               moting his so-called Build Back Better                  the individuals wanting to work pro-                   charged with prosecuting all Federal
                                               plan, which includes the Green New                      ducing American energy. We need an
                                                                                                                                                              criminal offenses. U.S. marshals have
                                               Deal, which is increased taxes on                       administration which will allow us to
                                                                                                                                                              the responsibility of risking their lives
                                               American energy, increased regula-                      do so, and we don’t have one with the
                                                                                                                                                              to protect Federal judges and court-
                                               tions on American energy, increased                     leadership in the White House and with
                                                                                                                                                              houses, tracking down fugitives, and
                                               penalties on producing American en-                     the majority party in the House and
                                                                                                                                                              assisting in locating and recovering
                                               ergy. The American people get the fact                  the Senate right now.
                                                                                                         I yield the floor.                                   missing children, just to mention a
                                               that will raise the costs for them to                     The PRESIDING OFFICER. The                           few. In short, U.S. attorneys and U.S.
                                               drive their car, to heat their home, to                 Democratic whip.                                       marshals play a critical role in enforc-
                                               grow crops, to get items to market—                          UNANIMOUS CONSENT REQUEST—EXECUTIVE
                                                                                                                                                              ing the law, promoting public safety,
                                               where shelves are still bare, and they                                     CALENDAR                            and protecting our communities.
                                               were this past weekend at the grocery                      Mr. DURBIN. Madam President, I                        So it is sad that this same junior
                                               store in Casper, WY.                                    rise today to speak about the critical                 Senator from Arkansas is blocking the
                                                 Democrats still are delighted that we                 role played by U.S. attorneys and U.S.                 confirmations of six U.S. attorneys and
                                               ended the Keystone XL Pipeline. The                     marshals in keeping America safe.                      two U.S. marshals today. Doing so
                                               Secretary of Energy was supposed to                        Law enforcement is a team effort,                   threatens public safety across America
                                               come out with a report about how                        and we need officials at the Federal,                  and puts millions of Americans at risk,
                                               many jobs were lost by that. Well, still                State, and local levels working to-                    including the most vulnerable.
                                               waiting for the report. Homework is                     gether to stop crime in this country                     Despite all of the tough talk we hear
                                               past due.                                               and to keep people safe in their homes                 from many of these Senators on the
                                                 Will we ever see the report from the                  and in their neighborhoods.                            other side of the aisle about their dedi-
                                               Secretary of Energy who doesn’t want                       It was only 2 months ago when I                     cation to law and order and keeping
                                               to point out this specific impact that                  came to the floor of this Senate to re-                America safe, it is a Republican Sen-
                                               Joe Biden has had on this country in                    quest unanimous consent for the Sen-                   ator who refuses to take up and con-
                                               terms of killing jobs and raising energy                ate to take up and confirm five U.S. at-               firm these nominations in an expedi-
                                               prices?                                                 torney nominations. Despite the out-                   tious way.
                                                 The American people see through all                   standing credentials of all of these                     Before I ask for consent for the Sen-
                                               of this. That is why only 3 in 10 Ameri-                nominees, one Senator, the junior Sen-                 ate to confirm the nominees, I would
                                               cans today support the President of the                 ator from Arkansas, refused to allow                   like to yield to the majority leader.
                                               United States on what he is doing                       the Senate to confirm five nominees                      Mr. SCHUMER. Madam President, I
                                               about inflation. That means that just                   for U.S. attorney positions by a voice                 thank the majority whip.
                                               about every Republican and every Inde-                  vote—a tradition in the Senate. That                     Thank you for your good work as
                                               pendent and a whole lot of Democrats                    Senator’s objections had nothing to do                 chair of the Judiciary and for your talk
                                               don’t like the fact that Joe Biden is ig-               with the nominees. He said so. They                    on this issue.
                                               noring them, refusing to focus on the                   had nothing to do with their records                     I thank my colleague from Min-
                                               issues that are important to them and                   and had nothing to do with their quali-                nesota, who has been passionate about
                                               their lives and their families and their                fications.                                             getting this done as well.
                                               future; that their dreams are being sto-                   Well, after he was confronted on the                  I rise today to join with my Demo-
                                               len and ripped from them; that they                     floor of the Senate, he lifted his objec-              cratic colleagues in support of these
                                               have been using savings that they                       tions. We were able to get those U.S.                  U.S. attorneys and marshals who have
                                               wanted to use for things they had been                  attorneys confirmed and put them to                    singlehandedly been delayed for weeks
                                               planning for years. And what we see is                  work, and there is work to be done in                  by one Senator, the junior Senator
                                               another gimmick coming from the                         every State in the Union to make this                  from Arkansas.
                                               Democrats only because their eyes are                   a safer nation.                                          For      decades—decades—Democrats
                                               on the midterms. Their eyes ought to                       We believe in law enforcement—we                    and Republicans have regularly cooper-




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                                               be on the people at home who sent                       believe in it at every level—and when                  ated to swiftly confirm the many,
                                               them here in the first place.                           there is delay in putting professionals                many individuals selected by each
                                                 There is a solution to the high cost of               in place, that delay can cost lives. If                President to serve in their administra-
                                               American energy, and that is to                         you stand up and say ‘‘I don’t want to                 tion. Regardless of the party in the
                                               produce more American energy. Let us                    defund the police’’ but then refuse to                 White House, both sides have long
                                               make it here. We have it. Oh, we have                   fill vacancies when it comes to law en-                agreed that a President deserves to
                                               it in abundance. We have it in Wyo-                     forcement, that is inconsistent.                       have his or her administration in place



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                                               S740                                              CONGRESSIONAL RECORD — SENATE                                                  February 16, 2022
                                               quickly. That doesn’t mean we don’t                     publican obstructionists can try to                    the Oak Park Police Department in
                                               disagree, but it does mean that when                    delay, but they cannot stop these indi-                1994, rising steadily through the ranks
                                               nominees are held up, opposed, or                       viduals from ultimately going through.                 until his appointment in 2019 as chief.
                                               blocked, it is for a legitimate purpose,                  If the holds on these nominees are                     In addition to his service at the Oak
                                               not for leverage and partisan games to                  not dropped, I will be filing cloture on               Park Police Department, Chief Rey-
                                               score political points at the expense of                them, and we will schedule votes to ad-                nolds serves on the Illinois Law En-
                                               public safety. Most of us still believe in              vance them until the job is finished. If               forcement Training and Standards
                                               that principle but, sadly, not all of us.               that means more late nights, then                      Board, the Illinois Commission on Dis-
                                                 On the other side of the aisle, a small               more late nights are coming. If it                     crimination and Hate Crimes, and the
                                               group of obstructionist Republicans                     means vote series with six or seven or                 Executive Board of the Illinois Asso-
                                               has spent the last year hijacking the                   eight votes in a row, then that is what                ciation of Chiefs of Police. In short,
                                               rules of the Senate to place an unprece-                we will do.                                            Chief Reynolds is eminently qualified
                                               dented number of holds on hundreds—                       Most of us don’t want to go down                     to serve as U.S. marshal for the North-
                                               hundreds—of Presidential appointees.                    that road, and we don’t have to. The                   ern District of Illinois. There is simply
                                                 Let me repeat. This isn’t about a few                 overwhelming majority of Democrats                     no valid basis to delay his confirma-
                                               nominees here and there; we are talk-                   and Republicans want to preserve the                   tion.
                                               ing about hundreds of nominees.                         decades of precedent and comity that                     And I have yet to hear the Senator
                                                 In this case, my colleague from Ar-                   has enabled us to work together on                     from Arkansas come forward with a
                                               kansas is holding back six U.S. attor-                  nominees.                                              bill of particulars of why he has de-
                                               neys and two U.S. marshals—vital                          So let me say for one last time, de-                 cided to single out the people whom I
                                               roles in preserving public safety. The                  laying the appointment of U.S. attor-                  just mentioned, to deny them an oppor-
                                               level of partisan obstruction is a new                  neys and U.S. marshals over cheap par-                 tunity to make communities safer
                                                                                                       tisan games ultimately makes Ameri-                    across America. At a time of high
                                               low for the Senate.
                                                 When President Trump was in office,                   cans less safe and weakens law enforce-                crime and the need for a coordinated
                                               every single U.S. attorney and U.S.                     ment.                                                  effort at every single level, there is ab-
                                                                                                         I urge my Republican colleague to                    solutely no valid explanation of why
                                               marshal—every single one—was con-
                                                                                                       drop his obstruction or else he can ex-                these individuals are being withheld
                                               firmed by this Chamber with unani-
                                                                                                       plain to his colleagues why we have to                 from their responsibilities in these
                                               mous consent. Yes, we had deep, deep
                                                                                                       schedule a dizzyingly large number of                  communities.
                                               problems with the Trump Department                                                                               We need to have law enforcement
                                               of Justice, but never did we demand a                   rollcall votes just to push these nomi-
                                                                                                       nees through.                                          taken seriously and respected. Holding
                                               rollcall vote just to confirm nominees                                                                         up nominations for no particular rea-
                                                                                                         I thank my colleagues for their work
                                               like these. In fact, the last time the                                                                         son other than a political issue that
                                                                                                       and yield to Senator DURBIN.
                                               Senate had to hold a rollcall vote—lis-                   Mr. DURBIN. I thank the majority                     may bother the Senator is certainly no
                                               ten to this—the last time the Senate                    leader. I would like to just add: There                reason for us to jeopardize the safety of
                                               had to hold a rollcall vote to confirm a                must be those following the debate who                 innocent people living in these commu-
                                               U.S. attorney was a half a century                      are wondering, ‘‘What is the basis for                 nities who depend on these Federal law
                                               ago—nearly half a century ago—in 1975,                  the junior Senator from Arkansas op-                   enforcement officials to do their job.
                                               and it is not hard to see why. U.S. at-                 posing these eight nominees? There                       At this point, I would like to make a
                                               torneys and marshals aren’t political                   must be something wrong with them.                     unanimous consent request.
                                               positions. Their job is literally to keep               There must be something in their                         Madam President, I ask unanimous
                                               Americans safe. They are Federal pros-                  background that doesn’t add up.’’                      consent that the Senate proceed to the
                                               ecutors, and they are Federal law en-                     Consider the variety of individuals                  consideration of the following nomina-
                                               forcement.                                              who are being held up by the junior                    tions en bloc: Calendar No. 660, 661, 662,
                                                 If my Republican colleagues on the                    Senator       from    Arkansas:      Ryan              663, 739, 740, 741, and 742; that the Sen-
                                               other side truly care about public safe-                Buchanan, of Georgia, to be U.S. attor-                ate vote on the nominations en bloc
                                               ty, why are they obstructing the ap-                    ney for the Northern District; Jason                   without intervening action or debate;
                                               pointments of individuals whose jobs                    Frierson, of Nevada, to be U.S. attor-                 that the motions to reconsider be con-
                                               would precisely be to maintain public                   ney for the District of Nevada; Andrew                 sidered made and laid upon the table
                                               safety in the first place? It is ‘‘Alice in             Luger, of Minnesota, to be U.S. attor-                 with no intervening action or debate;
                                               Wonderland’’ logic.                                     ney for the District of Minnesota—and                  that any statement related to the
                                                 Now, this isn’t just about breaking                   the Senator from Minnesota will speak                  nominations be printed in the RECORD
                                               precedent. Right now, communities                       to that in just a moment—Mark                          and that the President be immediately
                                               across the country still don’t have                     Totten, of Michigan, to be U.S. attor-                 notified of the Senate’s action.
                                               their U.S. attorneys on the job because                                                                          The PRESIDING OFFICER. Is there
                                                                                                       ney for the Western District of Michi-
                                               of obstruction here in the Senate. Dis-                                                                        objection?
                                                                                                       gan; Marisa Darden, of Ohio, to be U.S.                  The Senator from Arkansas.
                                               tricts in Georgia, Ohio, Nevada, Min-                   attorney for the Northern District of                    Mr. COTTON. Madam President, re-
                                               nesota, Michigan, and Illinois are all                  Ohio; Delia Smith, of the Virgin Is-                   serving the right to object, which I
                                               still waiting for U.S. attorneys.                       lands, to be U.S. attorney for the Dis-                most certainly will do, I will just ad-
                                                 Sadly, the families who live in these                 trict of the Virgin Islands; Eddie                     dress what the Senator from Illinois
                                               communities shouldn’t have to pay the                   Frizell, again of Minnesota, to be U.S.                said.
                                               price for what a very small number of                   marshal for the District of Minnesota;                   He said he has heard no explanation
                                               Republicans are doing here, but, sadly,                 and LaDon Reynolds, of Illinois, to be                 for why I am objecting to every De-
                                               that is what is happening. It is a text-                U.S. marshal for the Northern District                 partment of Justice nominee moving
                                               book example of why Americans are                       of Illinois.                                           forward on a fast-track basis. That is
                                               frustrated with the Senate and are                        We looked especially at our own                      false. He has heard my explanation re-
                                               frustrated with their government.                       nominees very closely to make sure                     peatedly. He may not like it, but he
                                                 On the other hand, I want to thank                    that they were qualified to take on                    has heard it.
                                               my Democratic colleagues for advo-                      these Federal positions. Several of my                   I am taking this stance on behalf of
                                               cating on behalf of the U.S. attorneys                  colleagues are going to come to the                    four brave U.S. marshals who defended
                                               and marshals. I thank my friend Sen-                    floor today to speak about the nomi-                   the Federal courthouse in Portland
                                               ator DURBIN, chairman of the Judici-




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                                                                                                       nees being held up by one Senator, so                  from leftwing street militias associ-
                                               ary, for speaking passionately. I thank                 rather than delving into the records of                ated with the BLM movement and
                                               Senator KLOBUCHAR for coming to the                     all of the eight nominees, let me just                 antifa.
                                               floor to speak. I thank Senators ROSEN                  focus on the one in Illinois—Chief                       The summer of 2020 was part of riots
                                               and CORTEZ MASTO and DUCKWORTH and                      LaDon Reynolds, nominated to serve as                  all across our country, but in Portland
                                               BROWN, who have also spoken.                            U.S. marshal for the Northern District.                these riots were particularly dan-
                                                 One way or another, these nominees                      Chief Reynolds has served the people                 gerous. Marshals were targeted with la-
                                               will be confirmed by the Senate. Re-                    of Illinois for nearly 30 years. He joined             sers to blind them, with ball bearings,



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                                               February 16, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                  S741
                                               with fireworks. There were efforts to                   simple. We could do it today. We could                 crime in this country. We can make all
                                               barricade them inside the courthouse                    hear from Merrick Garland or Vanita                    the statements, run all the ads, make
                                               and set it on fire to burn them alive.                  Gupta that they will defend these four                 all the speeches on the floor about a
                                               These marshals are heroes, and they                     U.S. marshals in court or we could hear                concern for safety in our communities,
                                               should be celebrated. Anyone who says                   a satisfactory answer of why they                      and then the junior Senator from Ar-
                                               they support law enforcement should                     won’t defend the marshals in court.                    kansas says, ‘‘I want you to be safe in
                                               be defending these marshals.                              Is it because they were standing up                  your community, but you can’t have a
                                                 Not surprisingly, leftwing activists                  to a leftwing street militia? Is it be-                U.S. attorney to prosecute those
                                               and leftwing organizations, like the                    cause they were taking a stance to de-                 would-be terrorists. You can’t have a
                                               ACLU, are coming to the defense of the                  fend Federal property from antifa? I                   U.S. marshal for pursuit of fugitives
                                               leftwing street militia that attacked                   don’t know. We can’t get an answer.                    from justice. You can’t have a U.S.
                                               these marshals, tried to burn down the                  Maybe my Democratic colleagues could                   marshal to protect the courthouse for
                                               Portland courthouse, suing marshals                     get an answer.                                         men and women who go to work there
                                               on frivolous grounds.                                     But to think that I am just going to                 every day and risk their lives for the
                                                 Many of these marshals are being de-                  roll over and allow the Senate to fast-                administration of justice.’’
                                               fended by the Department of Justice,                    track nominees to the Department,                         This is upside down. We are talking
                                               as is the Department of Justice’s long-                 when GS–11s and GS–13s, law enforce-                   about 74 individuals. The Department
                                               standing custom and practice to either                  ment officials, are being hung up to                   of Justice has said they are going to
                                               provide representation for its law en-                  dry—sorry.                                             defend 70 of them. One is a question, I
                                               forcement officers when they are sued                     These are people—and I have talked                   assume, whether he was acting in the
                                               in court or, if there is some conflict, to              to them—who were worried about buy-                    scope of his employment, and three are
                                               reimburse them and pay their legal                      ing Christmas gifts for their children                 under review. And for that reason, this
                                               fees. Four marshals are not being de-                   last year because they had to pay legal                Senator has decided to stop the admin-
                                               fended, though.                                         fees, who are worried about paying the                 istration of justice in these jurisdic-
                                                 These four marshals are GS–11s, GS–                   mortgage next month, who are worried                   tions or at least slow it down. That
                                               13s. They have been serving our coun-                   about sending their kids to camp.                      makes no sense whatsoever.
                                               try for a lifetime. Many of them are                    Sorry if your lawyers have to wait for                    The basis for objecting to these indi-
                                               veterans, veterans of foreign wars.                     a week or two to get confirmed to the                  viduals has nothing to do with their in-
                                               They face financial bankruptcy and                      U.S. attorney’s position. I am worried                 dividual qualifications. He didn’t raise
                                               ruin because the Department of Justice                  about four heroes who defended Federal                 a single question. All he said is, ‘‘Your
                                               won’t represent them; in many cases,                    property from leftwing street militias.                lawyers are going to have to wait,’’ as
                                               won’t even give them an answer or ex-                     So, yes, I do object.                                if these were just lawyers waiting for a
                                               plain why the representation was de-                      The PRESIDING OFFICER (Ms.                           fee.
                                               nied.                                                   BALDWIN). Objection is heard.                             These are men and women willing to
                                                 When I learned of this, I demanded                      Mr. DURBIN. Madam President, try                     serve, as he serves, in public service. It
                                               answers. And the Department of Jus-                     to follow that logic, if you will. The                 is more than just lawyers—not that
                                               tice had no answers. So if my col-                      Senator is so committed to law en-                     there is anything wrong with that cat-
                                               leagues think that I am going to just                   forcement, he is so committed to U.S.                  egory of Americans—but it is individ-
                                               roll out the red carpet for Department                  marshals, he won’t let us appoint peo-                 uals who are willing to engage in pub-
                                               of Justice nominees to be confirmed to                  ple to fill vacancies.                                 lic service.
                                               politically connected positions, while                    He takes the case in Portland, OR,                      And why are we in such a hurry? We
                                               GS–11s and GS–13s are hung out to dry,                  where he wrote a letter to the Depart-                 are in the second year of this Presi-
                                               they have another thing coming.                         ment of Justice within the last 2 weeks                dent’s administration. It is time to fill
                                                 Now, some of you may say: Well,                       asking for the status of their defense of              these vacancies.
                                               maybe there are investigations under-                   these 74 individuals. Now, he knows,                      As Senator SCHUMER said earlier on
                                               way. Maybe these officers engaged in                    and we all know, that before we can                    the floor, there are several on the Re-
                                               misconduct. We don’t know. They                         take any action for anybody, we need a                 publican side who just want to drag
                                               won’t give us answers. But here is what                 confidentiality waiver, a privacy state-               this out interminably in the hopes that
                                               we do know: All four of them—all                        ment. That is routine in all of our of-                they can stop the Biden administration
                                               four—are currently on unrestricted Ac-                  fices.                                                 from filling these vacancies.
                                               tive Duty—unrestricted Active Duty.                       Each one of these individuals, despite                  My colleague from Arkansas asked
                                                 And I would add, all four—all four—                   the interest of the junior Senator from                whether the DOJ is representing Fed-
                                               are in the Special Operations Group for                 Arkansas, has their own legal right to                 eral law enforcement personnel who
                                               the Marshals Service, which means to                    determine whether or not they want to                  protected the Federal courthouse in
                                               say they are the marshals who are                       waive any privacy so that they can tell                Portland. The FOX News headline
                                               most likely to be deployed nationwide                   the public or discuss even with the                    about his letter said: ‘‘Cotton places
                                               and put in circumstances that risk                      Senator their plight and how they want                 hold on DOJ nominees after refusal to
                                               their lives and call for them to use vio-               to address it.                                         defend US Marshals involved in Port-
                                               lence, to include lethal violence.                        There is also something called the at-               land Antifa riots.’’
                                                 Now, I don’t know the circumstances                   torney-client privilege, which the Sen-                   Here is the reality. The Department
                                               that led to the denial of representation                ator, I am sure, is aware of. That, too,               of Justice often represents or pays pri-
                                               of these four marshals or why some of                   is a privilege which allows the indi-                  vate counsel to represent Federal em-
                                               them are being strung along, but I have                 vidual to deny ordinary access to infor-               ployees sued in their individual capac-
                                               to assume—I have to assume—that if                      mation if they so choose. It is their de-              ity, but there are some constraints,
                                               they are on unrestricted Active Duty                    cision.                                                and I have mentioned them. For exam-
                                               in the Special Operations Group of the                    So the complication of the situation                 ple, regulations require that the De-
                                               Marshals Service, that Merrick Gar-                     is ignored by the Senator from Arkan-                  partment of Justice can only represent
                                               land and Vanita Gupta can’t have any                    sas. He is valiantly standing for U.S.                 employees for actions within the scope
                                               doubts about their fitness to serve or                  marshals that he won’t appoint. He be-                 of their employment; for example, pro-
                                               their actions for all those weeks in                    lieves they are important and that                     tecting the Portland courthouse, which
                                               Portland when they defended the                         they give their lives to their country—                clearly is within the scope. And the De-




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                                               courthouse from leftwing street mili-                   and many have—and yet he won’t let                     partment of Justice can only represent
                                               tias.                                                   them stand up and do that on behalf of                 them if doing so would be in the inter-
                                                 I understand my colleagues want to                    our communities.                                       est of the United States. It clearly
                                               get their U.S. attorneys or their U.S.                    He wants an answer to his letter, and                would be if they are defending against
                                               marshals confirmed. Maybe there are                     until he gets an answer to his letter,                 terrorists.
                                               people at Main Justice they want to                     then we are not going to be able to put                   The Senator knows this. Do you
                                               get confirmed as well. That is very                     law enforcement in place to deal with                  know why he knows it? Because the



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                                               S742                                              CONGRESSIONAL RECORD — SENATE                                                  February 16, 2022
                                               Department of Justice responded to his                  er. Ninety-three percent of homicides                  ical issue or a political story when we
                                               letter. He just didn’t like the re-                     last year in Chicago were committed                    have career law enforcement officers
                                               sponse—it didn’t go far enough.                         by gun.                                                who put their lives on the line to de-
                                                 The Department said, ‘‘The Depart-                      We face a gun violence crisis. The Ju-               fend Federal property from leftwing
                                               ment of Justice strongly supports the                   diciary Committee held five hearings                   street militias. And they are worried if
                                               provision of representation to federal                  last year on ways to reduce it. I am                   they can put the food on the table for
                                               officers acting in the line of duty.’’ The              going to continue it this year. But if                 their children, if they can buy them
                                               Department also told him that it rep-                   we are going to address this crisis, we                gifts at Christmas, if they can put
                                               resents or has paid for private counsel                 are going to need Senators from both                   braces on them, if they can send them
                                               to represent 70 of these employees who                  parties to show some courage and to                    to summer camp.
                                               have been sued in connection with the                   admit that gun violence in America is                    I don’t consider that a political issue;
                                               events in Portland, while denying only                  a real problem.                                        I consider it standing up for law en-
                                               a single request for representation.                      We also need Republicans to stop de-                 forcement—not just these four but
                                                 I don’t know the facts of that denial.                fending the violent insurrection that                  every deputy marshal around the coun-
                                               I don’t know if there has been a pri-                   took place right in this Chamber on                    try who forms the backbone of the
                                               vacy waiver signed. I don’t know if this                January 6, 2021. The Senator was                       Marshals Service, the backbone of the
                                               individual said, ‘‘I have an attorney-                  present. All of us were. We will never                 Marshals Service all across the coun-
                                               client privilege, and I don’t have to tell              forget that day as long as we live. Five               try, who have to wonder if maybe they
                                               the Senator from Arkansas or anyone                     brave police officers lost their lives as              are going to be the next one to be hung
                                               what the circumstances are.’’ The Sen-                  a result of what the Republican Na-                    out to dry by the Department of Jus-
                                               ator from Arkansas is now demanding                     tional Committee in its official policy                tice if they confront a rioter with the
                                               to know why the Department of Jus-                      position calls ‘‘legitimate political dis-             wrong politics.
                                               tice denied this one request for rep-                   course.’’                                                This is not a political issue.
                                               resentation and why it is still review-                   This is nothing new. Last year, Con-                   Now, the Senator from Illinois con-
                                               ing three others. That is right—he is                   gress passed the American Rescue                       tinues to speak about confidentiality
                                               blocking the confirmation of critical                   Plan—$350 billion for State and local                  and attorney-client privilege as if this
                                               law enforcement officials across the                    governments. We made sure that fund-                   is all information that has been com-
                                               United States until he gets an answer                   ing was going to hire good law enforce-                municated to these four marshals and
                                               that he likes.                                          ment officials and invested in commu-                  they just don’t want to share it with us
                                                 The DOJ has already explained that                    nity violence intervention. Not a single               here in the Senate. That is not the
                                               it cannot comment further—here is                       Republican Senator approved it.                        case. Three of them, I would say,
                                               what they said—‘‘in light of significant                  There are areas where we are work-                   haven’t heard anything. In a lawsuit
                                               confidentiality interests and applicable                ing together on bipartisan legislation,                that is almost 18 months old, they have
                                               privileges.’’ As I mentioned earlier the                and I hope we will continue to. Last                   been told nothing yet. That is why
                                               privacy laws and attorney-client privi-                 year, President Biden signed three laws                they have had to go out and retain
                                               lege.                                                   in that area.                                          their own counsel.
                                                 ‘‘DOJ’s regulations make it clear                       I hope my Republican colleagues will                   One of them was denied representa-
                                               that communication about an employ-                     take a lesson from today. If we are                    tion with no more basis than saying it
                                               ee’s requests for representation are                    going to stand together, then let us all               is not in the interest of the United
                                               protected by the attorney-client privi-                 stand behind the Federal law enforce-                  States of America. Well, forgive me if I
                                               lege, and the Privacy Act prevents DOJ                  ment team.                                             don’t trust Vanita Gupta to determine
                                               from disclosing the personnel record of                   When President Trump asked for his                   what is in the interest of the United
                                               an employee,’’ and that is as it should                 team, Democrats in the Senate cooper-                  States when it comes to defending law
                                               be.                                                     ated and gave those people to him.                     enforcement.
                                                 Let me be clear. These privileges pro-                They weren’t the people we would have                    These marshals are told that these
                                               tect the privacy of the very law en-                    chosen, but he was President and had                   determinations are final and there is
                                               forcement personnel whose interests                     the right to do his best to protect this               no appeal and there is no recourse.
                                               the Senator from Arkansas claims to                     Nation. So does President Biden.                       Well, I am the recourse now.
                                               represent.                                                President Biden has called for signifi-                The Senator from Illinois keeps talk-
                                                 My Republican colleagues frequently                   cant increases for our police in the                   ing about these urgent law enforce-
                                               claim to be the party of law and order,                 Byrne Justice Program and the COPS                     ment needs in his own State of Illinois.
                                               but in this matter and others, they are                 Hiring Program, but this important                     I would point out that the position
                                               the ones playing politics with law en-                  funding has been delayed by debate                     that is empty has been empty since
                                               forcement because the Department of                     over appropriations. We shouldn’t                      2018. If it was so urgent, the Senator
                                               Justice will not snap to the Senator’s                  delay the appointment of these key law                 from Illinois could have cooperated
                                               request and violate standing Federal                    enforcement officials either.                          with the Trump administration and
                                               laws; because they won’t ignore and                       Again and again, Democrats are                       tried to fill it then. These U.S. attor-
                                               violate those laws of privacy and attor-                working to support law enforcement                     ney positions that are empty—Presi-
                                               ney-client privilege, he is prepared to                 and to keep Americans safe. Some-                      dent Biden fired all U.S. attorneys a
                                               endanger the communities and law en-                    times we are joined in these efforts by                year ago. If it was so urgent to have
                                               forcement until he gets his way.                        Republicans and other times not, but                   Senate-confirmed U.S. attorneys in po-
                                                 I have heard my Republican col-                       there is no benefit to law enforcement                 sition, he could have asked them to
                                               leagues time and again claiming that                    when Senators block the confirmation                   continue to serve until he was able to
                                               the Biden administration and Demo-                      of well-qualified U.S. attorney and U.S.               find suitable replacements.
                                               cratic mayors in big cities are respon-                 marshal nominees, as we see today.                       The Senator from Illinois also said:
                                               sible for violent crime. They claim                       I urge the Senator from Arkansas to                  Well, Senator Cotton got his letter re-
                                               that the increase in violent crime has                  stand up for law enforcement. A polit-                 sponded to. I am not looking for some
                                               nothing to do with the fact that Amer-                  ical story on FOX is not worth under-                  courtesy exchange of letters here; I am
                                               ica is awash in guns, that the reality is               mining the lives of innocent Ameri-                    trying to protect four U.S. marshals
                                               that the increase in violent crime                      cans. We have to end this obstruction                  who defended the Portland courthouse
                                               started during the last administration,                                                                        from a leftwing street militia, who




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       and let these nominees protect and
                                               under President Trump. It is affecting                  serve.                                                 have been hung out to dry, imperiling
                                               communities led by both Republican                        I now yield to Senator KLOBUCHAR.                    the confidence of all marshals across
                                               and Democratic officials. And it is                       The PRESIDING OFFICER. The jun-                      the country in whether or not their po-
                                               being driven by gun violence.                           ior Senator from Arkansas.                             litical leadership at the Department of
                                                 FBI statistics show that 77 percent of                  Mr. COTTON. Madam President, I am                    Justice will back them up when they
                                               homicides in 2020 were committed with                   surprised to hear the Senator from Illi-               are in a controversy. The Department
                                               guns. In Chicago, that number is high-                  nois continue to refer to this as a polit-             still won’t answer that. They won’t



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                                               February 16, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                  S743
                                               take any steps to answer it. They sim-                  to them ahead of time, and I actually                    So this is someone whom I have got-
                                               ply hide behind confidentiality and                     liked them, because they might not                     ten calls about, since you put this hold
                                               privilege just like they are hiding be-                 have been, as the Senator from Illinois                on all the U.S. attorneys, from Repub-
                                               hind it with these four U.S. marshals—                  pointed out, my first choice, but there                lican Members of Congress who think
                                               after 18 months.                                        was something larger than politics and                 we need him in place. I have gotten
                                                 What is so complicated? As the Sen-                   my first choice. My first choice was                   calls from Republicans across my State
                                               ator from Illinois said, they are rep-                  our justice system, our country, and                   who want to put this guy in place.
                                               resenting 70 others. What makes these                   the safety of our citizens.                              We have double jeopardy here for my
                                               four so different? Maybe they engaged                     Right now, in my home State, they                    State because you are not only holding
                                               in misconduct. Is that possible given                   do not understand why a Senator from                   up, Senator COTTON, the U.S. attorney
                                               the fact that they are all on unre-                     Arkansas is holding up law enforce-                    for the State of Minnesota, you are
                                               stricted active duty in the Special Op-                 ment in the State of Minnesota.                        also holding up the U.S. marshal.
                                               erations Group, the element of the                        As the chief Federal law enforcement                   Andy Luger, the U.S. attorney nomi-
                                               marshals most likely to have to use vi-                 officer for their respective districts,                nee, as I noted, previously led the U.S.
                                               olence, to include lethal violence?                     U.S. attorneys are critical to ensuring                Attorney’s Office for the District of
                                               Would Merrick Garland and Vanita                        that American communities are kept                     Minnesota from 2014 to 2017. His proven
                                               Gupta really send them back out on                      safe. This role is so vital that the                   experience is exactly what is needed to
                                               the streets if they had engaged in mis-                 Founders created the position during                   handle the challenges facing law en-
                                               conduct in Portland?                                    the very first Congress as part of the                 forcement in Minnesota today.
                                                 These marshals deserve better, and                    Judiciary Act of 1789. This is the same                  He has been waiting since January 1
                                               they could get better if the Depart-                    act that created the Attorney General                  to get this done because he figured this
                                               ment of Justice would just agree to                     and the structure of the courts.                       went well before the Committee—so he
                                               represent them or if they would give a                    Today, in my State, the U.S. attor-                  is waiting. He is waiting to serve our
                                               satisfactory, fact-based answer about                   ney leads a team of nearly 130 dedi-                   State, as is our U.S. marshal can-
                                               why they are not representing them.                     cated law enforcement professionals,                   didate.
                                               Maybe some of my Democratic col-                        including 65 assistant U.S. attorneys.                   In addition to the U.S. Attorney’s Of-
                                               leagues could call Merrick Garland or                   The office is responsible for bringing to              fice, for over 160 years, the U.S. Mar-
                                               Vanita Gupta and ask them for such an                   justice those who commit a range of                    shals Service has helped keep Min-
                                               answer or maybe just call them and                      Federal crimes, including drug traf-                   nesota safe, protecting public servants,
                                               say: Why don’t you represent these                      ficking,   child   exploitation,    cyber              tracking down and apprehending fugi-
                                               four marshals? That seems like the ob-                  crimes, and national security matters.                 tives, and operating the Witness Pro-
                                               vious, satisfactory outcome for every-                    After 9/11, it was the U.S. Attorney’s               tection Program.
                                               one here: U.S. marshals are represented                 Office in my home State of Minnesota                     President Biden’s nominee to serve
                                               in court, as they should be, and we can                 that was involved in what was known                    as U.S. marshal for the District of Min-
                                               go back to fast-tracking Department of                  as the hijacker who got caught. A cit-                 nesota, as I noted, is Eddie Frizell.
                                               Justice nominees. But until we get to                   izen turned him in, and it was our U.S.                Chief Frizell was recommended by a se-
                                               that outcome, we won’t be fast-track-                   Attorney’s Office that worked with                     lection committee, as was Andy Luger
                                               ing Department nominees because I                       New York on that case.                                 that Senator SMITH and I convened. It
                                               will continue to stand up for these                       It was our U.S. Attorney’s Office that               included leaders in Minnesota’s law en-
                                               brave men of law enforcement who de-                    took on the second biggest white-collar                forcement advocacy and communities.
                                               serve better from this Department of                    case next to Madoff and won.                             Eddie Frizell brings nearly 30 years
                                               Justice.                                                  It was our U.S. Attorney’s Office,                   of experience in law enforcement in my
                                                 The PRESIDING OFFICER. The sen-                       under the nominee who is right now on                  State, including serving as a chief of
                                               ior Senator from Minnesota.                             the floor, Andy Luger, that took on                    police for the Metro Transit Police De-
                                                 Ms. KLOBUCHAR. Madam President,                       perhaps the most infamous missing                      partment. As I noted, he is also a 30-
                                               I rise today in support of the two nomi-                children case in the country. I know                   year veteran of the Minnesota Army
                                               nees from my State: Andy Luger, who                     that the Presiding Officer, being from                 National Guard.
                                               has been nominated to be the U.S. at-                   the State of Wisconsin, knows this case                  I once met him coming off a plane
                                               torney for the District of Minnesota;                   of Jacob Wetterling—sad, tragic case.                  after his deployment. I will never for-
                                               and Eddie Frizell, a veteran, serving                   He was able to put together the puzzle                 get that moment. As the brave soldiers
                                               our country bravely overseas, who has                   pieces that had eluded law enforcement                 are getting off that plane, I thought, ‘‘I
                                               been nominated to be the U.S. marshal.                  because of his vast experience working                 know that guy.’’ Yes, I was a Senator
                                                 I was sitting here thinking to myself                 as an assistant in the State of New                    now. I knew him when he was a police
                                               as I listened to Senator COTTON that                    York, working in Minnesota in this                     officer and I was a county attorney.
                                               there were a lot of things I disagreed                  very office as an assistant and working                Thirty years, veteran of the Minnesota
                                               with at the Trump Justice Depart-                       his way up. He was able to put together                Army National Guard, including two
                                               ment—many, many things; many,                           that case with local, State, and Federal               overseas deployments—one to Bosnia
                                               many things—but never once did I                        law enforcement and solve it and bring                 and another to Kuwait and Iraq.
                                               think about holding up the U.S. attor-                  some justice and bring some closure for                Throughout his career, he has led by
                                               ney of Arkansas or of Arizona or of Illi-               the Wetterling family, who will never                  example, immersing himself in the
                                               nois because I disagreed with Donald                    see their son again. That is Andy                      community and becoming what our
                                               Trump. Why? Because as someone who                      Luger.                                                 newspaper called a ‘‘model of persist-
                                               used to be in law enforcement, I under-                   This is a guy who took on a sex traf-                ence.’’ His proven experience is exactly
                                               stand how important these positions                     ficking case on his own with a young                   what is needed.
                                               are, and I don’t think they should be                   woman trafficked in the city of Roch-                    So why haven’t we been able to con-
                                               held hostage simply because he hap-                     ester and brought the case to trial.                   firm these two nominees, both of whom
                                               pens to have a disagreement about                       This is someone who has reached out to                 moved through the Judiciary Com-
                                               something the Justice Department is                     our communities—our Native Amer-                       mittee on a voice vote with broad bi-
                                               doing.                                                  ican communities—and gotten things                     partisan support, after I, as I noted,
                                                 There were so many things that I dis-                 done.                                                  proudly supported President Trump’s
                                               agreed with Bill Barr and his associ-                     And this is someone, based on my                     nominees—who, by the way, they went




SSpencer on DSK126QN23PROD with SENATE
                                               ates about, and not only did I support                  discussions, Senator COTTON, with the                  into their jobs, and they did their jobs.
                                               the nominee for Minnesota whom Don-                     Trump White House, that they would                       That is how we do law enforcement.
                                               ald Trump put up for both the marshal                   have actually, after firing all the U.S.               That is how it is supposed to work.
                                               and the U.S. attorney and voted for                     attorneys, would have had him back.                    This hold has nothing to with the
                                               them, but I actually issued a public                    He decided to go to the private sector                 qualifications of the nominees for my
                                               statement saying that they were quali-                  for a while, and now he is ready to                    State. Instead, as Senator DURBIN has
                                               fied. I worked with them, and I talked                  come back.                                             just noted, Senator COTTON has put an



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                                               S744                                              CONGRESSIONAL RECORD — SENATE                                                  February 16, 2022
                                               indiscriminate hold on all the Depart-                  aren’t pawns in a political game. They                 the Justice Department, to make your
                                               ment of Justice law enforcement nomi-                   are needed to help keep our commu-                     case to them, to go on TV about it, to
                                               nees, stalling appointments for critical                nities safe and deserve to move                        make speeches in this Chamber, to
                                               positions in Illinois, Georgia, Nevada,                 through the Senate expeditiously.                      write letters about it, to advocate, to
                                               Michigan, Ohio, the Virgin Islands,                       We expect sound judgment from Fed-                   gather your friends who might support
                                               and, yes, my State of Minnesota. And I                  eral law enforcement. Our constituents                 you on this, but you shouldn’t be hurt-
                                               am sure, if he continues this—and as                    expect sound judgment when it comes                    ing the people of my State while you
                                               Senator SCHUMER has noted, he is                        to confirming top Federal law enforce-                 do it.
                                               going to have to call up votes for posi-                ment officers for a State. And it is                     The PRESIDING OFFICER. The jun-
                                               tions that, during the Trump adminis-                   time to do the right thing by con-                     ior Senator from Nevada.
                                               tration, went through with consent                      firming not just Mr. Luger and Mr.                       Ms. ROSEN. Madam President, I urge
                                               during the Trump administration.                        Frizell but the other law enforcement                  my colleagues on the other side of the
                                                 These nominees in these States are                    officers who have been held up. And I                  aisle to allow these highly qualified
                                               ready to serve millions of Americans,                   am happy to come back here day after                   Federal law enforcement nominations
                                               including 5.7 million people in my                      day after day until we get this done.                  to move forward.
                                               State who need the leadership of a per-                   The people who work in the U.S. At-                    In my State of Nevada, the position
                                               manent U.S. attorney and U.S. mar-                      torney’s Office, Marshals Office, and                  of U.S. attorney has been unfilled for
                                               shal.                                                   my constituents deserve to have people                 nearly a year.
                                                 Senator COTTON is seeking informa-                    in place.                                                This position, well, it plays a vital
                                               tion from the Department of Justice,                      I yield the floor.                                   role in maintaining the rule of law and
                                               and I hope that his questions are an-                     The PRESIDING OFFICER. The sen-                      making sure that justice is carried out
                                               swered, but I cannot stand by and let                   ior Senator from Illinois.                             in our State. The continued obstruc-
                                                                                                         Mr. DURBIN. Madam President, in                      tion of these critical nominees impacts
                                               him use critical law enforcement nomi-
                                                                                                       the interest of allowing the Senators                  the public safety of Nevadans and im-
                                               nations as leverage.
                                                 I note—and I will end with this—the                   who are wishing to speak an appro-                     pacts their ability to see justice served.
                                                                                                                                                                They have a highly qualified nominee
                                               timetables. During the last administra-                 priate amount of time and within the
                                                                                                                                                              to serve as U.S. attorney, Jason
                                               tion, Erica MacDonald—the U.S. attor-                   confines of our upcoming vote, I ask
                                                                                                                                                              Frierson. He is a graduate of the Uni-
                                               ney I mentioned, former judge who had                   unanimous consent that there be 40
                                                                                                                                                              versity of Nevada, Reno, and the Boyd
                                               been appointed by Tim Pawlenty—                         minutes, equally divided, between the
                                                                                                                                                              Law School of the University of Ne-
                                               whom I met with in my house so I                        majority and minority; that the major-
                                                                                                                                                              vada, Las Vegas. He is a former Nevada
                                               could make sure that we moved her                       ity side be recognized in the order of
                                                                                                                                                              Supreme Court clerk. And he served in
                                               nomination quickly, she was confirmed                   Senators     ROSEN,     CORTEZ    MASTO,
                                                                                                                                                              the district attorney’s office as a pub-
                                               by the Senate, Senator DURBIN, to be                    DUCKWORTH, and BROWN.
                                                                                                                                                              lic defender and as a deputy attorney
                                               U.S. attorney the same day her nomi-                      The PRESIDING OFFICER. Without
                                                                                                                                                              general for our great State.
                                               nation was reported by the Judiciary                    objection, it is so ordered.                             In addition, Mr. Frierson has a long
                                               Committee on May 24, 2018.                                The junior Senator from Arkansas.                    track record of fighting for hard-work-
                                                 Tom Heffelfinger was nominated by,                      Mr. COTTON. Madam President, I                       ing Nevadans as speaker of the Nevada
                                               by the way, two President Bushes—the                    feel like we are ships passing in the                  Assembly. I know he will lead in his
                                               first and the second President Bush.                    night here. I could go on and on about                 role with integrity—integrity and a
                                               When he was nominated by President                      the exploits of these deputy marshals                  deep commitment to upholding the law
                                               George W. Bush to be U.S. attorney for                  when they were Rangers and Green Be-                   as a top Federal prosecutor for our
                                               Minnesota, his nomination was re-                       rets and what they did in combat. But                  State.
                                               ceived by the Senate on September 4,                    my Democratic colleagues aren’t get-                     There is absolutely no basis to delay
                                               2001. He was reported favorably by the                  ting the heart of the matter: why they                 his nomination and the nominations of
                                               Judiciary Committee on September 13                     are being denied representation for de-                other U.S. attorneys and marshals
                                               and confirmed by the full Senate the                    fending the courthouse in Portland.                    around the country. Holding up these
                                               next day. His entire confirmation proc-                   So I will direct a question to the Sen-              qualified nominees does not help Amer-
                                               ess took 10 days.                                       ator from Minnesota through the                        icans. It only leaves them unprotected.
                                                 And, by the way, when he retired                      Chair: Does she believe that these four                  We must rise above partisan politics
                                               from his position, he then served on my                 U.S. marshals should be represented in                 and do our duty to allow these key
                                               selection committees—the U.S. attor-                    court like all other marshals are being                roles to be filled. For all of the people,
                                               ney who had served under both Presi-                    represented?                                           for my State of Nevada, I urge my col-
                                               dent Bushes. This is how law enforce-                     The PRESIDING OFFICER. The sen-                      leagues to allow the nomination of
                                               ment is supposed to work.                               ior Senator from Minnesota.                            Jason Frierson and the other nominees
                                                 Before him, Todd Jones, who became,                     Ms. KLOBUCHAR. Being that I am                       in this block to finally move forward.
                                               by the way, the head of the ATF—he                      the Senator from Minnesota and I am                      The PRESIDING OFFICER. The jun-
                                               was nominated by President Bill Clin-                   not on the staff of the Attorney Gen-                  ior Senator from Arkansas.
                                               ton to be U.S. attorney for Minnesota.                  eral of the United States and I have                     Mr. COTTON. Madam President,
                                               His nomination was received in the                      nothing to with the State in which this                again, I feel like we are ships passing
                                               Senate on October 7, 1998. He was re-                   happened, I am not aware of all the                    in the night, not getting to the point
                                               ported favorably by the Judiciary Com-                  facts of this. And I think it would actu-              here. So I will address a question to the
                                               mittee the next day and confirmed by                    ally be inappropriate for me to be in-                 junior Senator through the Chair,
                                               the full Senate on October 21, 1998. His                volved in Justice Department policy. I                 slightly differently than when I spoke
                                               entire confirmation process took only                   am here on behalf of the people in my                  to the Senator from Minnesota.
                                               14 days.                                                State, and I want to get someone in                      If officers are returned to unre-
                                                 Finally, there was James Rosenbalm,                   place.                                                 stricted Active Duty on the Special Op-
                                               who was nominated by President Ron-                       And I have made the case, Senator                    erations Group, does the Senator be-
                                               ald Reagan to be the U.S. attorney for                  COTTON, that at no time did I not only                 lieve that they should be represented
                                               Minnesota. His nomination was re-                       hold up the U.S. attorneys or the mar-                 for past incidents of alleged misuse of
                                               ceived by the Senate on October 21,                     shals under Donald Trump, I actually                   force?
                                               1981. He was reported favorably out of                  supported the ones in my State. And I                    Ms. ROSEN. Senator, I will reiterate




SSpencer on DSK126QN23PROD with SENATE
                                               the Judiciary Committee that day and                    am just asking for that same courtesy                  what my colleague from Minnesota
                                               was confirmed by the full Senate that                   for the people of my State. We have                    said. I do not serve on the Judiciary
                                               day. His entire confirmation process                    talked about this before. And I simply                 Committee, and I do not serve in the
                                               happened in 1 day.                                      believe that we should be able to get                  Department of Justice. Therefore, I am
                                                 I hope we can get back to this tradi-                 our U.S. attorneys and marshals in                     not privy to the information that has
                                               tion of cooperation and recognition                     place. And you can do what you want                    been provided in privacy to the Depart-
                                               that these law enforcement leaders                      to complain about what is going on in                  ment of Justice.



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                                               February 16, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                  S745
                                                 Those marshals, if they would like to                 achieve your goal because in Nevada,                   Act, the Republicans were in the ma-
                                               divulge their information, they are free                the position of U.S. attorney has been                 jority. It was a bill sponsored by Sen-
                                               to do so as U.S. citizens. But there are                vacant for a full year. The President                  ators GRASSLEY, DURBIN, LEE, and
                                               privacy agreements with attorney-cli-                   has nominated Jason Frierson for that                  many others. Who signed it into law?
                                               ent privilege that is clearly not being                 role. As you heard, Senator ROSEN and                  Donald Trump signed it into law, this
                                               able to be pursued in this fashion. So                  I both support this excellent candidate,               so-called Democratic measure.
                                               my opinion does not matter. What                        and the full Senate needs to confirm                      The PRESIDING OFFICER. The sen-
                                               matters is the law. I do not serve in the               him and let him get to work.                           ior Senator from Nevada.
                                               Department of Justice; therefore I can-                   You have heard his background. He is                    Ms. CORTEZ MASTO. Madam Presi-
                                               not answer your question.                               more than qualified for this position,                 dent, I am disappointed because I hear
                                                 Mr. COTTON. Unfortunately, they                       and I am not hearing from you that                     my colleague, but he is not listening.
                                               don’t have any information to divulge.                  you have concerns about his qualifica-                 He keeps repeating the same talking
                                               That is part of my point. The Depart-                   tions. But he is essential to ensure that              point that he is defending law enforce-
                                               ment of Justice won’t tell them why                     we get somebody in place, confirmed                    ment when, at the same time, he is
                                               they are not being represented.                         very swiftly, so that he can get to work               harming law enforcement across the
                                                 The PRESIDING OFFICER. The sen-                       on behalf of the people in the State of                country. This really is nonsensical. It
                                               ior Senator from Nevada.                                Nevada and be on the frontlines of ad-                 does not make sense not only to me
                                                 Ms. CORTEZ MASTO. Madam Presi-                        dressing and ensuring we have law and                  and my colleagues but to the general
                                               dent, I rise to join my good colleague                  order not only in Nevada but across the                public that is watching.
                                               Senator ROSEN and my other col-                         country in these other States.                            We are talking about filling positions
                                               leagues in urging our friend and Sen-                     My question to you, Senator COTTON,                  at the U.S. Marshals Service and U.S.
                                               ator from Arkansas to allow the nomi-                   is, would you reconsider the means by                  Attorney’s Offices across the country.
                                               nation of these candidates for U.S. at-                 which you are trying to achieve your                   They are essential to addressing what
                                               torney and U.S. marshal to move for-                    goal so that you are not harming those                 we see across the country and ensuring
                                               ward.                                                   men and women who are on the                           that there is law and order.
                                                 And let me just start by answering                                                                              So it is the means by which you are
                                                                                                       frontlines of law and order across the
                                               the question that you have posed to                                                                            trying to achieve your goal which we
                                                                                                       country, including here in the State of
                                               both of my colleagues because I think                                                                          would ask you to consider. Unfortu-
                                                                                                       Nevada that we are talking about? And
                                               it needs to be reframed. I think the                                                                           nately, I am not hearing from my col-
                                                                                                       you will hear from some of my other
                                               premise really is this. There is no                                                                            league from Arkansas that he is willing
                                                                                                       colleagues.
                                               doubt that your ultimate goal here—                                                                            to reconsider it and stand up for law
                                                                                                         So I pose the question to you, Sen-
                                               and you have an ultimate goal that                                                                             and order across this country and sup-
                                                                                                       ator, through the Chair.
                                               you are trying to achieve, and I don’t                                                                         port the U.S. Attorney’s Offices and
                                                                                                         Mr. COTTON. If that is a question for
                                               question that. I do question, though,                                                                          marshals who need to be appointed.
                                                                                                       me, I reject the premise of your ques-                    I yield the floor.
                                               the procedure and the means by which                    tion. I am not harming law enforce-                       The PRESIDING OFFICER. The jun-
                                               you choose to succeed in your goal.                     ment; I am standing up for law enforce-                ior Senator from Arkansas.
                                               And that is what we are talking about,                  ment.                                                     Mr. COTTON. To respond to the Sen-
                                               Senator COTTON, because, at the end of                    Once again, if you deny four U.S.                    ator from Illinois, it is true that Presi-
                                               the day, what you are trying to do is                   marshals legal representation because                  dent Trump signed the FIRST STEP
                                               literally stand for U.S. marshals while                 they stood up to leftwing street mili-                 Act. The FIRST STEP Act was the
                                               at the same time harming the U.S.                       tias—which may be unpopular in cer-                    worst mistake of the Trump adminis-
                                               Marshals Service by not allowing two                    tain quarters of your party—then you                   tration. Yes, it is true that a number of
                                               nominees to go before and get ap-                       cause every marshal across the country                 Republican Senators voted for it. They
                                               pointed to the U.S. Marshals Service.                   and, for that matter, every law en-                    were wrong. They didn’t start demand-
                                               Likewise, you are adding to that—U.S.                   forcement official across the country                  ing that we defund the police in the
                                               attorneys across the country, including                 to doubt whether their political superi-               summer of 2020. They condemned that.
                                               one in the State of Nevada, who are on                  ors are going to defend them in the fu-                They stood up for law enforcement.
                                               the frontlines of the law and order that                ture.                                                     I yield the floor.
                                               we need in this country.                                  Look, if you want to have a broader                     The PRESIDING OFFICER. The jun-
                                                 As you well know, U.S. attorneys                      debate about law enforcement, I can,                   ior Senator from Illinois.
                                               work with U.S. marshals across the                      but we are going to be here for a long                    Ms. DUCKWORTH. Madam President,
                                               country to address violent crime in                     time.                                                  I join my colleagues, the Senators from
                                               this country and prosecute it, to ad-                     It is your party that voted in lock-                 Nevada and Minnesota, in my frustra-
                                               dress drug trafficking, human traf-                     step for the FIRST STEP Act that let                   tion as to why we are here today.
                                               ficking, murders, and so on. So that                    thousands of violent felons back on the                   Today, I am joining them and urging
                                               means what you are trying to achieve                    street who have now committed innu-                    my colleagues to join me in calling for
                                               here is actually harming law and order                  merable violent crimes. It is your                     the swift confirmation of Chief LaDon
                                               across the country. I don’t think you                   party that marched and chanted in the                  Reynolds to be the U.S. marshal for the
                                               intend to do that. I hope not. But that                 streets for defunding the police. It is                Northern District of Illinois. As a sea-
                                               is what we are questioning right now,                   the Democratic floor leader who                        soned law enforcement officer, Chief
                                               is the means by which you are trying                    blocked my resolution in the summer                    Reynolds is more than ready to take on
                                               to achieve here—what we are asking is                   of 2020 to condemn the ‘‘defund the po-                the challenges of this important lead-
                                               for you to reconsider because at the                    lice’’ movement. You all voted in lock-                ership role, including playing a key
                                               end of the day—and I heard you earlier.                 step to confirm Vanita Gupta, the As-                  part in addressing the rising violent
                                               I think you made some comment say-                      sociate Attorney General, who is re-                   crime devastating our communities in
                                               ing: Sorry your lawyers have to wait to                 sponsible ultimately for these deci-                   Northern Illinois.
                                               get confirmed in a week or two. You                     sions, even though I and other Repub-                     Yet the only reason he is not already
                                               know better. These aren’t just lawyers.                 licans cautioned you she would use her                 confirmed to this position is because of
                                               You know U.S. attorneys across this                     position to wage a war on the police                   a hold from Senator COTTON—a hold
                                               country are on the frontline of law and                 from the Department of Justice. That                   that is completely unrelated to Chief
                                               order. They are key to prosecuting es-                                                                         Reynolds’      immense     qualifications.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       is what is happening now.
                                               sential crimes that we need to address                    I am standing up for law enforce-                    These qualifications include serving
                                               in this country, including working                      ment.                                                  with distinction as the chief of police
                                               with our U.S. marshals along with the                     Mr. DURBIN. Would the Senator                        of the Oak Park Police Department for
                                               FBI and other essential Federal Agen-                   from Nevada yield for a point?                         nearly 30 years, teaching law enforce-
                                               cies.                                                     Ms. CORTEZ MASTO. Yes.                               ment officers about the importance of
                                                 I would ask that you reconsider the                     Mr. DURBIN. The FIRST STEP Act—                      community-oriented policing at the Il-
                                               means by which you are trying to                        the Democrats did the FIRST STEP                       linois Law Enforcement Training and



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                                               S746                                              CONGRESSIONAL RECORD — SENATE                                                  February 16, 2022
                                               Standards Board Executive Institute,                    nees. I am not going to agree to fast-                   Marissa Darden is a seasoned pros-
                                               and working to protect communities                      track political nominees while the De-                 ecutor with extensive experience, a
                                               from rising hate as a board member of                   partment of Justice hangs out to dry                   lead attorney in both civil and crimi-
                                               Governor Pritzker’s Commission on                       career law enforcement officers.                       nal cases. As an assistant U.S. attorney
                                               Discrimination and Hate Crimes.                           I yield the floor.                                   in the Northern District, she was rec-
                                                 Senator DURBIN and I carefully re-                      The PRESIDING OFFICER. The sen-                      ognized for her work on several cases
                                               viewed Chief Reynolds’ experience and                   ior Senator from Ohio.                                 involving highly complex legal issues.
                                               expertise. It is clear to us and the                      Mr. BROWN. Fast-track? Fast-track?                   She received the National High Inten-
                                               White House that he is the best fit for                 Senator CORTEZ MASTO said it has been                  sity Drug Trafficking Areas Award for
                                               the job. What we are asking for now is                  a year since they have had a U.S. at-                  outstanding opioid investigation effort
                                               simply to let Reynolds get to work; let                 torney confirmed, sitting in Nevada. In                in 2016 and for outstanding investiga-
                                               him take charge of an office that has                   Ohio now, it has been—let me count                     tive effort in 2019.
                                               already gone without Senate-confirmed                   the days—404 days since 6 million peo-                   Listen to what some people have
                                               leadership for 4 years. We need to have                 ple in the Northern District of Ohio                   said. Federal District Court Judge
                                               a confirmed U.S. marshal leading Fed-                   last had a permanent U.S. attorney                     Benita Pearson: You can be assured
                                               eral law enforcement operations to se-                  leading the office. Senator COTTON,                    that Darden will fiercely enforce the
                                               cure our Federal courthouses and cap-                   with his demagoguery, comes down                       law while treating all—attorneys, staff,
                                               ture violent fugitives of the law.                      here and talks about fast-track? I don’t               the accused, and the community—with
                                                 As U.S. marshal, Reynolds would also                  know what speed they move in Arkan-                    respect and appropriate sensitivity.
                                               play an important role in the Biden ad-                 sas, but I would not consider what we                    Former Acting U.S. Attorney Justin
                                               ministration’s        multijurisdictional               are trying to do as fast-track.                        Herdman, nominated by President
                                                                                                         They have been vetted. Senator                       Trump and supported by Senator
                                               strike force to investigate and pros-
                                                                                                       PORTMAN supports this nominee. Let
                                               ecute gun traffickers channeling dead-                                                                         PORTMAN and me both—U.S. Attorney
                                                                                                       me talk about that.
                                               ly weapons into the city of Chicago.                                                                           Justin Herdman was the last confirmed
                                                                                                         We know the pandemic has caused an
                                                 Every day, there are new stories of                                                                          U.S. attorney in the Northern District.
                                                                                                       alarming rise in violent crime, espe-
                                               horrifying and often deadly impacts of                                                                         He described her as an attorney of out-
                                                                                                       cially gun crimes. The Northern Dis-
                                               rising violent crimes in the Northern                   trict of Ohio, which includes Toledo,                  standing ability and unquestioned in-
                                               District of Illinois. In fact, last year                Cleveland, Akron, Canton, Youngs-                      tegrity. He said that she is a leader
                                               was one of the city of Chicago’s dead-                  town, Mansfield, Warren—cities in ba-                  who has a proven track record of deliv-
                                               liest in decades.                                       sically the northern half of the State.                ering results inside and outside the
                                                 But statistics alone cannot fully de-                 The U.S. attorney has the highest case-                courtroom.
                                               scribe the devastation our commu-                       load in the last 30 years, filing a record               First Assistant Federal Public De-
                                               nities have endured. For so many                        846 indictments in 2021 alone without a                fender Jacqueline Johnson told us that
                                               Chicagoans, the presence of gun vio-                    full-time, confirmed U.S. attorney.                    this was her first recommendation for
                                               lence is a constant source of trauma                      Even before the pandemic, the dis-                   U.S. attorney in 38 years of practicing
                                               and grief in their day-to-day lives. It is              trict had a staggering caseload after                  in the Northern District. She said she
                                               painful and gut-wrenching to see this                   reaching a record low in 2016, with only               based her recommendation on her be-
                                               sort of senseless violence happen again                 363 new cases through, Senator COTTON,                 lief that Ms. Darden possesses the in-
                                               and again.                                              I might add, the Obama administra-                     tellect, vision, temperament, and judg-
                                                 We cannot wait any longer to ad-                      tion. The number of new cases began to                 ment needed to lead the U.S. Attor-
                                               vance Reynolds’ confirmation, espe-                     climb in 2017, at the beginning of the                 ney’s Office during this perilous sea-
                                               cially not for his nomination to be used                Trump administration, if you want to                   son.
                                               as a pawn for Senator COTTON to expe-                   play those games, Senator COTTON. The                    DEA Special Agent in Charge Keith
                                               dite a response to his unrelated pend-                  number of new cases rose to 706 in 2018.               Martin. With 26 years of experience,
                                               ing inquiry to the U.S. Department of                   This as kept climbing since. Last year,                she is one of the best he has ever en-
                                               Justice. Instead, we must act to make                   there were 170 homicides in the city of                countered, he said. He explained that
                                               sure the Northern District of Illinois                  Cleveland, where my wife and I live—                   she was phenomenal in her interaction
                                               U.S. Marshal’s Office has the leader-                   another 30-year record—not to mention                  with law enforcement, cooperative, and
                                               ship it needs to fulfill its mission of ad-             a surge in carjackings.                                stands on her principles. He can’t
                                               ministering justice and enforcing the                     We need to fill key law enforcement                  imagine a better choice.
                                               law.                                                    positions in Ohio and, as Senator COR-                   These qualifications—I repeat that
                                                 If Senator COTTON is serious about                    TEZ MASTO said, as Senator DURBIN                      Senator PORTMAN also supports Ms.
                                               tackling violent crime and making our                   said, in their States—and Senator                      Darden’s nomination. Her confirmation
                                               communities safe, then we must move                     ROSEN and Senator DUCKWORTH. We                        would also be historic, making her the
                                               forward with confirming LaDon Rey-                      need to fill these key law enforcement                 first African-American woman to ever
                                               nolds to be the next U.S. marshal for                   positions.                                             serve as U.S. attorney in Ohio.
                                               the Northern District of Illinois now.                    I hear from Ohio police officers that                  Unfortunately,      Senator    COTTON
                                               Chief Reynolds’ nomination has my                       they are in desperate need of help,                    blocks this nomination in addition to
                                               full support.                                           while we, through—Senator COTTON                       these eight other law enforcement
                                                 I request that Senator COTTON lift his                and others accuse Democrats of under-                  nominees. By his own admission, his
                                               blanket hold on the U.S. attorney and                   mining police or whatever term they                    objections to these nominees have
                                               U.S. marshal nominees pending consid-                   use—a term that none of us use—when                    nothing to do with their qualifications.
                                               eration before the Senate, including                    we have supported local governments                      I support his desire to get answers
                                               Reynolds’ nomination.                                   with more dollars so they can hire                     from DOJ. He should get them. But the
                                                 I yield the floor.                                    more police while you oppose those                     solution for his disagreement with DOJ
                                                 The PRESIDING OFFICER. The jun-                       same positions, as we know. So we are                  is not with the 6 million Ohio citizens
                                               ior Senator from Arkansas.                              working with local police to get them                  who pay a price or the millions of citi-
                                                 Mr. COTTON. We keep hearing that                      that help, whether it is confirming U.S.               zens in Illinois or in Nevada who pay a
                                               this is unrelated, as if I am upset with                marshals, whether it is confirming U.S.                price, or Minnesota or anywhere.
                                               something the Coast Guard did or the                    attorneys.                                               The last thing I will say, last week I
                                               Corps of Engineers wants to improve                       Thankfully, we have an extremely                     spoke with police officers, one of the




SSpencer on DSK126QN23PROD with SENATE
                                               some water project in Arkansas. These                   qualified nominee in Ohio who is ready                 many kind of roundtable zooms I do
                                               are Department of Justice nominees,                     and eager to serve. The only thing                     around the State with police officers
                                               and right now, the Department of Jus-                   standing in our way is the U.S. Senate.                from around the State. One officer con-
                                               tice is not standing up for law enforce-                Apparently, the only thing standing in                 veyed his colleagues’ frustration with
                                               ment officers by hanging these four                     the Senate’s way is Senator COTTON,                    politics today. He told me that officers
                                               marshals out to dry. That is why I am                   although I am sure somebody else                       in his department have begun leaving
                                               not agreeing to fast-track these nomi-                  would be willing to take his place.                    letters on their lockers that say, if



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                                               February 16, 2022                                 CONGRESSIONAL RECORD — SENATE                                                                         S747
                                               they are killed in the line of duty, they                 Has the Senator been given a privacy                   There appears to be a sufficient sec-
                                               want no elected officials invited to                    waiver by the one marshal that the De-                 ond.
                                               their funerals.                                         partment of Justice is not going to de-                  The clerk will call the roll.
                                                 He said, the notes don’t say no Demo-                 fend?                                                    The bill clerk called the roll.
                                               crats, no Republicans; they say no                        Mr. COTTON. No, I have not. But I                      Mr. DURBIN. I announce that the
                                               elected officials. A whole bunch of                     know that the response that that mar-                  Senator from California (Mrs. FEIN-
                                               them. The reason for that is the games-                 shal received was that the denial of
                                                                                                                                                              STEIN), the Senator from Arizona (Mr.
                                               manship we see right now, that we are                   representation was not in the interest
                                                                                                                                                              KELLY) and the Senator from New Mex-
                                               not willing to confirm U.S. attorneys,                  of the United States. No more——
                                                                                                         Mr. DURBIN. How much time do we                      ico (Mr. LUJÁN) are necessarily absent.
                                               U.S. marshals, in many cases, Federal
                                                                                                       have? I am sorry. Go ahead.                              Mr. THUNE. The following Senator is
                                               district judges, just because some-
                                                                                                         Mr. COTTON. No more facts, no more                   necessarily absent: the Senator from
                                               body’s been offended by the lack of a
                                                                                                       explanation, just like the three who                   South Carolina (Mr. GRAHAM).
                                               letter or something somebody at the
                                                                                                       are waiting for a determination and                      The result was announced—yeas 83,
                                               Justice Department said to them.
                                                 The fact is we need to do this. It will               have been waiting for more than a year                 nays 13, as follows:
                                               help our States, it will help our coun-                 do not have any fact-based expla-                                  [Rollcall Vote No. 58 Ex.]
                                               try combat crime.                                       nation.                                                                    YEAS—83
                                                 Let’s heed this officer’s warning and                   Mr. DURBIN. Madam President, how
                                                                                                                                                              Baldwin           Grassley       Risch
                                               come together to get qualified and tal-                 much time do we have remaining?                        Barrasso          Hassan         Romney
                                                                                                         The PRESIDING OFFICER. There                         Bennet            Heinrich       Rosen
                                               ented law enforcement officials and
                                                                                                       are 1 minute 13 seconds.                               Blackburn         Hickenlooper   Rounds
                                               professionals on the job.                                                                                      Blumenthal        Hirono
                                                                                                         Mr. DURBIN. Madam President, that                                                     Sanders
                                                 The PRESIDING OFFICER. The jun-                                                                              Blunt             Hoeven         Sasse
                                                                                                       last admission by the Senator from Ar-
                                               ior Senator from Arkansas.                                                                                     Booker            Hyde-Smith     Schatz
                                                                                                       kansas tells the whole story. He                       Boozman           Inhofe
                                                 Mr. COTTON. Madam President, so                                                                                                               Schumer
                                                                                                       doesn’t even know why the Department                   Brown             Kaine          Scott (FL)
                                               contrary to what the Senator from                                                                              Burr              Kennedy
                                                                                                       is turning down representation of 1 per-                                                Shaheen
                                               Ohio says, I am not offended by the                                                                            Cantwell          King
                                                                                                                                                                                               Shelby
                                                                                                       son out of 74. They have agreed to rep-                Capito            Klobuchar
                                               lack of a letter or offended by some-                                                                                                           Sinema
                                                                                                       resent 70 of these U.S. marshal employ-                Cardin            Leahy
                                               thing someone said. I’m offended that                                                                          Carper            Manchin
                                                                                                                                                                                               Smith
                                                                                                       ees, and they said they will represent                                                  Stabenow
                                               four U.S. marshals—four U.S. marshals                                                                          Casey             Markey
                                                                                                       them; and three are under review. One                                                   Sullivan
                                               had to decide whether they are going                                                                           Cassidy           Marshall
                                                                                                       has been turned down; and he hasn’t re-                Collins           McConnell      Tester
                                               to have enough money to buy Christ-                                                                                                             Thune
                                                                                                       ceived a privacy waiver, so he doesn’t                 Coons             Menendez
                                               mas gifts for their kids, pay their                                                                            Cornyn            Merkley        Tillis
                                                                                                       know why. I don’t know why either.
                                               mortgage next month, put braces on                                                                             Cortez Masto      Murkowski      Toomey
                                                                                                       But you know who is paying the price                   Cotton            Murphy         Van Hollen
                                               their kids, send them to summer camp
                                                                                                       for it?                                                Cramer            Murray         Warner
                                               because that is the position that the                                                                                                           Warnock
                                                                                                         Millions of Americans who are asking                 Crapo             Ossoff
                                               Department of Justice has put them in.                                                                         Daines            Padilla        Warren
                                                                                                       for Federal law enforcement to be ade-
                                                 To recap, four U.S. marshals were                                                                            Duckworth         Paul           Whitehouse
                                                                                                       quately staffed to do their job. The                   Durbin            Peters         Wicker
                                               among dozens deployed to Portland
                                                                                                       U.S. attorneys and U.S. marshals that                  Fischer           Portman        Wyden
                                               last summer to guard the courthouse                                                                            Gillibrand        Reed           Young
                                                                                                       want to keep us safe and be part of the
                                               from leftwing street militias. They
                                                                                                       team to do that. And because this Sen-                                     NAYS—13
                                               were targeted with blinding lasers, ball
                                                                                                       ator suspects there may be something
                                               bearings, fireworks. There was an ef-                                                                          Braun             Johnson        Rubio
                                                                                                       suspicious about this, he doesn’t have a               Cruz              Lankford       Scott (SC)
                                               fort to barricade them into the court-
                                                                                                       privacy waiver, he is going to hold up                 Ernst             Lee            Tuberville
                                               house and set it afire to burn them                                                                            Hagerty           Lummis
                                                                                                       those officials throughout the United
                                               alive.                                                                                                         Hawley            Moran
                                                                                                       States and put their communities in
                                                 Now leftwing activists in leftwing or-                                                                                         NOT VOTING—4
                                                                                                       peril. Tell me that that is devotion to
                                               ganizations like the ACLU are suing
                                                                                                       law enforcement.                                       Feinstein         Kelly
                                               them, and the Department of Justice
                                                                                                         The PRESIDING OFFICER. The jun-                      Graham            Luján
                                               won’t provide them representation,
                                                                                                       ior Senator from Arkansas.                               The nomination was confirmed.
                                               won’t even tell them why they are not                     Mr. COTTON. This is exactly the
                                               providing them representation.                          point. Privacy waiver or not, what does                            VOTE ON HONEY NOMINATION
                                                 Maybe they engaged in some kind of                    it matter? Here is what we do know.                      The    PRESIDING OFFICER (Mr.
                                               misconduct? Maybe it was excessive                      Here is what we do know. That none of                  HICKENLOOPER). Under the previous
                                               force? That would be strange, because                   these four know why they were denied                   order, the question is, Will the Senate
                                               all four of these deputy marshals are                   representation or why they haven’t had                 advise and consent to the Honey nomi-
                                               now back on unrestricted active duty                    a determination. We know that. And                     nation?
                                               with the special operations group of                    we know that they were sent back on                      Mr. LEAHY. Mr. President, I ask for
                                               the Marshal Service, the element most                   unrestricted active duty to the special                the yeas and nays.
                                               likely to be sent into the most dan-                    operations group.                                        The PRESIDING OFFICER. Is there a
                                               gerous circumstances and have to use                      I think the Department of Justice po-                sufficient second?
                                               violence, including lethal violence.                    litical leadership owes these brave law                  There appears to be a sufficient sec-
                                                 It would be pretty strange to send                    enforcement officers an answer before                  ond.
                                               them back to the special operations                     it hangs them out to dry and exposes
                                               group with no restrictions if they en-                                                                           The clerk will call the roll.
                                                                                                       them to risk of financial ruin and                       The senior assistant legislative clerk
                                               gaged in some kind of misconduct in                     bankruptcy.
                                               Portland. That is what this is about                                                                           called the roll.
                                                                                                         Mr. DURBIN. I yield back.
                                               and what it does to undermine the                         The PRESIDING OFFICER. Is all                          Mr. DURBIN. I announce that the
                                               faith and confidence of every career                    time yielded back?                                     Senator from California (Mrs. FEIN-
                                               law enforcement professional in the                       Mr. COTTON. I yield back.                            STEIN), the Senator from Arizona (Mr.
                                               Department of Justice.                                          VOTE ON WALLANDER NOMINATION
                                                                                                                                                              KELLY), the Senator from New Mexico
                                                 So, no, I will not agree to fast-track                                                                       (Mr. LUJÁN), and the Senator from




SSpencer on DSK126QN23PROD with SENATE
                                                                                                         The PRESIDING OFFICER. Under
                                               political nominees to the Department                    the previous order, the question is, Will              Rhode Island (Mr. WHITEHOUSE) are
                                               when the Department leadership is                       the Senate advise and consent to the                   necessarily absent.
                                               hanging out to dry career law enforce-                  Wallander nomination?                                    Mr. THUNE. The following Senator is
                                               ment officers.                                            Mr. BROWN. I ask for the yeas and                    necessarily absent: the Senator from
                                                 Mr. DURBIN. Will the Senator yield                    nays.                                                  South Carolina (Mr. GRAHAM).
                                               for a question? I ask the question                        The PRESIDING OFFICER. Is there a                      The result was announced—yeas 94,
                                               through the Chair.                                      sufficient second?                                     nays 1, as follows:



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