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.”
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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.
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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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