[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[Senate]
[Pages S11824-S11832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on today's Executive Calendar: Calendar Nos. 48, 49, 411, 
488, 509, 594, 595, 611, 612, 613, 614, 615, 617, 623, 628, 629, 630, 
631, 632, 633, 634, 635, 636, 640, 641, 642, 643, 658, 687, 689, 694, 
696, 699, 701, 702, 703, 707, 708, 709, 710, 712, 725, 727, 729, 788, 
795, 797, 800, 801, 802, 805, 806, 807, 808, 813, 814, 816, 817, 819, 
820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 
834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 
848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 
862, 863, 864, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 
914, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 936, 
937, 938, 939, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 
953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, all nominations 
on the Secretary's desk.
  Further, the following nominations be discharged from the respective 
committees and the Senate proceed to their consideration en bloc: HELP 
Committee, the list of nominations at the desk, and that they be 
considered en bloc and PN2045, and 1508; the Agriculture Committee, 
Michael Harrison (PN1969), Frederick Hatfield (PN2014), Sharon Brown-
Hruska (PN1837), Michael Dunn (2030), Dallas Tonsager (PN2029); from 
the Judiciary Committee, PN2050.
  I further ask unanimous consent that the nominations be confirmed en 
bloc, the motions to reconsider be laid upon the table, the President 
be immediately notified of the Senate's action, and the Senate then 
return to legislative session.
  The PRESIDING OFFICER. I don't suppose I should ask you to restate 
the unanimous consent request.
  Without objection, it is so ordered.
  The nominations considered and confirmed are as follows:

                              NOMINATIONS


              united states international trade commission

       Daniel Pearson, of Minnesota, to be 2 Member of the United 
     States International Trade Commission for the term expiring 
     June 16, 2011.
       Charlotte A. Lane, of West Virginia, to be a Member of the 
     United States International Trade Commission for a term 
     expiring December 16, 2009.


                         department of justice

       Deborah Ann Spagnoli, of California, to be a Commissioner 
     of the United States Parole Commission for a term of six 
     years.


                         department of commerce

       Michael D. Gallagher, of Washington, to be Assistant 
     Secretary of Commerce for Communications and Information.

[[Page S11825]]

                             the judiciary

       Alan G. Lance, Sr., of Idaho, to be a Judge of the United 
     States Court of Appeals for Veterans Claims for the term 
     prescribed by law.


                export-import bank of the united states

       Linda Mysliwy Conlin, of New Jersey, to be a Member of the 
     Board of Directors of the Export-Import Bank of the United 
     States for a term expiring January 20, 2007.


                       department of the interior

       Sue Ellen Wooldridge, of Virginia, to be Solicitor of the 
     Department of the Interior, vice William Gerry Myers III, 
     resigned.


             chemical safety and hazard investigation board

       Gary Lee Visscher, of Maryland, to be a Member of the 
     Chemical Safety and Hazard Investigation Board for a term of 
     five years.


                    environmental protection agency

       Stephen L. Johnson, of Maryland, to be Deputy Administrator 
     of the Environmental Protection Agency.
       Charles Johnson, of Utah, to be chief Financial Officer, 
     Environmental Protection Agency.
       Ann R. Klee, of Virginia, to be an Assistant Administrator 
     of the Environmental Protection Agency.
       Benjamin Grumbles, of Virginia, to be an Assistant 
     Administrator of the Environmental Protection Agency.


                         Department of Commerce

       Theodore William Kassinger, of Maryland, to be Deputy 
     Secretary of Commerce.


             Saint Lawrence Seaway Development Corporation

       Jack Edwin McGregor, of Connecticut, to be a Member of the 
     Advisory Board of the Saint Lawrence Seaway Development 
     Corporation.


                          Department of Labor

       Lisa Kruska, of Virginia, to be an Assistant Secretary of 
     Labor, vice Kathleen M. Harrington.


                        Department of Education

       Edward R. McPherson, of Texas, to be Under Secretary of 
     Education.


              James Madison Memorial Fellowship Foundation

       David Wesley Fleming, of California, to be a Member of the 
     Board of Trustees of the James Madison Memorial Fellowship 
     Foundation for a term expiring May 29, 2007.
       Jay Phillip Greene, of Florida, to be a Member of the Board 
     of Trustees of the James Madison Memorial Fellowship 
     Foundation for a term expiring November 17, 2005.
       John Richard Petrocik, of Missouri, to be a Member of the 
     Board of Trustees of the James Madison Memorial Fellowship 
     Foundation for a term expiring September 27, 2008.


                 Harry S Truman Scholarship Foundation

       Patrick Lloyd McCrory, of North Carolina, to be a Member of 
     the Board of Trustees of the Harry S Truman Scholarship 
     Foundation for a term expiring December 10, 2005.
       Juanita Alicia Vasquez-Gardner, of Texas, to be a Member of 
     the Board of Trustees of the Harry S Truman Scholarship 
     Foundation for a term expiring December 10, 2009.


                        Department of Education

       Robert C. Granger, of New Jersey, to be a Member of the 
     Board of Directors of the National Board for Education 
     Sciences for a term of four years.
       Gerald Lee, of Pennsylvania, to be a Member of the Board of 
     Directors of the National Board for Education Sciences for a 
     term of four years.


                             The Judiciary

       Curtis V. Gomez, of Virgin Islands, to be Judge for the 
     District Court of the Virgin Islands for a term of ten years.


              Department of Housing and Urban Development

       Cathy M. MacFarlane, of Virginia, to be an Assistant 
     Secretary of Housing and Urban Development.
       Dennis C. Shea, of Virginia, to be an Assistant Secretary 
     of Housing and Urban Development.
       Romolo A. Bernardi, of New York, to be Deputy Secretary of 
     Housing and Urban Development.


                     African Development Foundation

       Constance Berry Newman, Assistant Secretary of State 
     (African Affairs), to be a Member of the Board of Directors 
     of the African Development Foundation for a term expiring 
     September 27, 2009.


                        selective service system

       William A. Chatfield, of Texas, to be Director of Selective 
     Service.


                         department of defense

       Mark Falcoff, of California, to be a Member of the National 
     Security Education Board for a term of four years.


                         department of commerce

       Jonathan W. Dudas, of Virginia, to be Under Secretary of 
     Commerce for Intellectual Property and Director of the United 
     States Patent and Trademark Office.


                     department of veterans affairs

       Pamela M. Iovino, of the District of Columbia, to be an 
     Assistant Secretary of Veterans Affairs (Congressional 
     Affairs).


                   executive office of the president

       David Safavian, of Michigan, to be Administrator for 
     Federal Procurement Policy.


                      united states postal service

       James C. Miller III, of Virginia, to be a Governor of the 
     United States Postal Service for the term expiring December 
     8, 2010.


                         postal rate commission

       Dawn A. Tisdale, of Texas, to be a Commissioner of the 
     Postal Rate Commission for a term expiring November 22, 2006.


                  federal energy regulatory commission

       Suedeen G. Kelly, of New Mexico, to be a Member of the 
     Federal Energy Regulatory Commission for the term expiring 
     June 30, 2009. (Reappointment)


           united states agency for international development

       James R. Kunder, of Virginia, to be an Assistant 
     Administrator of the United States Agency for International 
     Development.


                     african development foundation

       Edward Brehm, of Minnesota, to be a Member of the Board of 
     Directors of the African Development Foundation for a term 
     expiring November 13, 2007.


                   executive office of the president

       Adam Marc Lindemann, of New York, to be Member of the 
     Advisory Board for Cuba Broadcasting for a term expiring 
     October 27, 2005.


                          department of state

       Ann M. Corkery, of Virginia, to be an Alternate 
     Representative of the United States of America to the Fifty-
     eighth Session of the General Assembly of the United Nations.
       Walid Maalouf, of Virginia, to be an Alternate 
     Representative of the United States of America to the Fifty-
     eighth Session of the General Assembly of the United Nations.
       John D. Rood, of Florida, to be Ambassador Extraordinary 
     and Plenipotentiary of the United States of America to the 
     Commonwealth of The Bahamas.
       Charles Graves Untermeyer, of Texas, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the State of Qatar.
       Aldona Wos, of North Carolina, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Estonia.


                    united states parole commission

       Isaac Fulwood, Jr., of the District of Columbia, to be a 
     Commissioner of the United States Parole Commission for a 
     term of six years.


                       department of the treasury

       Timothy S. Bitsberger, of Massachusetts, to be an Assistant 
     Secretary of the Treasury.
       Paul Jones, of Colorado, to be a Member of the Internal 
     Revenue Service Oversight Board for a term expiring September 
     14, 2008.


              department of housing and urban development

       Carin M. Barth, of Texas, to be Chief Financial Officer, 
     Department of Housing and Urban Development.


                     merit systems protection board

       Neil McPhie, of Virginia, to be Chairman of the Merit 
     Systems Protection Board.
       Barbara J. Sapin, of Maryland, to be a Member of the Merit 
     Systems Protection Board for the term of seven years expiring 
     March 1, 2007.


                         department of commerce

       Benjamin H. Wu, of Maryland, to be Assistant Secretary of 
     Commerce for Technology Policy.
       Brett T. Palmer, of New York, to be an Assistant Secretary 
     of Commerce.
       Albert A. Frink, Jr., of California, to be an Assistant 
     Secretary of Commerce.


             saint lawrence seaway development corporation

       Scott Kevin Walker, of Wisconsin, to be a Member of the 
     Advisory Board of the Saint Lawrence Seaway Development 
     Corporation.


                     Social Security Administration

       Patrick P. O'Carroll, Jr., of Maryland, to be Inspector 
     General, Social Security Administration.


                     Merit Systems Protection Board

       Neil McPhie, of Virginia, to be a Member of the Merit 
     Systems Protection Board for the term of seven years expiring 
     March 1, 2009.


                        Federal Trade Commission

       Jon D. Leibowitz, of Maryland, to be a Federal Trade 
     Commissioner for a term of seven years from September 26, 
     2003.
       Deborah P. Majoras, of Virginia, to be a Federal Trade 
     Commissioner for the unexpired term of seven years from 
     September 26, 2001.


                      National Council on the Arts

       Gerard Schwarz, of Washington, to be a Member of the 
     National Council on the Arts for the remainder of the term 
     expiring September 3, 2006.


           National Foundation on the Arts and the Humanities

       James Ballinger, of Arizona, to be a Member of the National 
     Council on the Arts for a term expiring September 3, 2010.
       Terrence Alan Teachout, of New York, to be a Member of the 
     National Council on the Arts for a term expiring September 3, 
     2010.


                        Department of Education

       Jonathan Baron, of Maryland, to be a Member of the Board of 
     Directors of the National Board for Education Sciences for a 
     term of three years.
       Elizabeth Ann Bryan, of Texas, to be a Member of the Board 
     of Directors of the National Board for Education Sciences for 
     a term of four years.
       James R. Davis, of Mississippi, to be a Member of the Board 
     of Directors of the National Board for Education Sciences for 
     a term of two years. (New Position)

[[Page S11826]]

       Frank Philip Handy, of Florida, to be a Member of the Board 
     of Directors of the National Board for Education Sciences for 
     a term of three years.
       Eric Alan Hanushek, of California, to be a Member of the 
     Board of Directors of the National Board for Education 
     Sciences for a term of two years.
       Caroline M. Hoxby, of Massachusetts, to be a Member of the 
     Board of Directors of the National Board for Education 
     Sciences for a term of four years.
       Roberto Ibarra Lopez, of Texas, to be a Member of the Board 
     of Directors of the National Board for Education Sciences for 
     a term of two years.
       Richard James Milgram, of New Mexico, to be a Member of the 
     Board of Directors of the National Board for Education 
     Sciences for a term of three years.
       Sally Epstein Shaywitz, of Connecticut, to be a Member of 
     the Board of Directors of the National Board for Education 
     Sciences for a term of three years.
       Joseph K. Torgesen, of Florida, to be a Member of the Board 
     of Directors of the National Board for Education Sciences for 
     a term of four years.
       Herbert John Walberg, of Illinois, to be a Member of the 
     Board of Directors of the National Board for Education 
     Sciences for a term of three years.


           national foundation on the arts and the humanities

       Herman Belz, of Maryland, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2010.
       Tamar Jacoby, of New Jersey, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2010.
       Craig Haffner, of California, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2010.
       James Davidson Hunter, of Virginia, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2010.
       Harvey Klehr, of Georgia, to be a member of the National 
     Council on the Humanities for a term expiring January 26, 
     2010.
       Thomas K. Lindsay, of Texas, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2010.
       Iris Love, of Vermont, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2010.
       Thomas Mallon, of Connecticut, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2010.
       Ricardo Quinones, of California, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2010.


               national museum and library services board

       Beverly Allen, of Georgia, to be a Member of the National 
     Museum and Library Services Board for a term expiring 
     December 6, 2008.
       Donald Leslie, of Wisconsin, to be a Member of the National 
     Museum and Library Services Board for a term expiring 
     December 6, 2006.
       Amy Owen, of Utah, to be a Member of the National Museum 
     and Library Services Board for a term expiring December 6, 
     2008.
       Sandra Pickett, of Texas, to be a Member of the National 
     Museum and Library Services Board for a term expiring 
     December 6, 2005.
       Renee Swartz, of New Jersey, to be a Member of the National 
     Museum and Library Services Board for a term expiring 
     December 6, 2007.
       Kim Wang, of California, to be a Member of the National 
     Museum and Library Services Board for a term expiring 
     December 6, 2004.


                    national institute for literacy

       William T. Hiller, of Ohio, to be a Member of the National 
     Institute for Literacy Advisory Board for a term expiring 
     November 25, 2006.
       Richard Kenneth Wagner, of Florida, to be a Member of the 
     National Institute for Literacy Advisory Board for a term 
     expiring November 25, 2006.
       Juan R. Olivarez, of Michigan, to be a Member of the 
     National Institute for Literacy Advisory Board for a term 
     expiring November 25, 2006.


                    united states institute of peace

       Maria Otero, of the District of Columbia, to be a Member of 
     the Board of Directors of the United States Institute of 
     Peace for a term expiring January 19, 2007.


                     National council on disability

       Young Woo Kang, of Indiana, to be a Member of the National 
     Council On Disability for a term expiring September 17, 2006.


                        Department of Education

       John H. Hager, of Virginia, to be Assistant Secretary for 
     Special Education and Rehabilitative Services, Department of 
     Education.


                      national science foundation

       Arden Bement, Jr., of Indiana, to be Director of the 
     National Science Foundation for a term of six years.


                             the judiciary

       Raymond L. Finch, of the Virgin Islands, to be Judge for 
     the District Court of the Virgin Islands for a term of ten 
     years. (Reappointment)
       Micaela Alvarez, of Texas, to be United States District 
     Judge for the Southern District of Texas.
       Keith Starrett, of Mississippi, to be United States 
     District Judge for the Southern District of Mississippi.


                         department of justice

       Lisa Godbey Wood, of Georgia, to be United States Attorney 
     for the Southern District of Georgia for the term of four 
     years.
       David E. Nahmias, of Georgia, to be United States Attorney 
     for the Northern District of Georgia for the term of four 
     years.
       Richard B. Roper III, of Texas, to be United States 
     Attorney for the Northern District of Texas for the term of 
     four years.


                  United States Sentencing Commission

       Ricardo H. Hinojosa, of Texas, to be Chair of the United 
     States Sentencing Commission.
       Michael O'Neill, of Maryland, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2009. (Reappointment)
       Ruben Castillo, of Illinois, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2009. (Reappointment)
       Christopher A. Boyko, of Ohio, to be United States District 
     Judge for the Northern District of Ohio.


                  United States Sentencing Commission

       Beryl A. Howell, of the District of Columbia, to be a 
     Member of the United States Sentencing Commission for the 
     remainder of the term expiring October 31, 2005.


                     Department of Veterans Affairs

       Robert Allen Pittman, of Florida, to be an Assistant 
     Secretary of Veterans Affairs (Human Resources and 
     Administration).


                             The Judiciary

       Robert N. Davis, of Florida, to be a Judge of the United 
     States Court of Appeals for Veterans Claims for the term 
     prescribed by law.
       Mary J. Schoelen, of the District of Columbia, to be a 
     Judge of the United States Court of Appeals for Veterans 
     Claims for the term of fifteen years.
       William A. Moorman, of Virginia, to be a Judge of the 
     United States Court of Appeals for Veterans Claims for the 
     term of fifteen years.


                          Department of State

       Catherine Todd Bailey, of Kentucky, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Latvia.


           United States Agency for International Development

       Douglas Menarchik, of Texas, to be an Assistant 
     Administrator of the United States Agency for International 
     Development.


                    inter-american development bank

       Hector E. Morales, of Texas, to be United States Executive 
     Director of the Inter-American Development Bank for a term of 
     three years.


           united states agency for international development

       Lloyd O. Pierson, of Virginia, to be an Assistant 
     Administrator of the United States Agency for International 
     Development.


                     african development foundation

       Lloyd O. Pierson, an Assistant Administrator of the United 
     States Agency for International Development, to be a Member 
     of the Board of Directors of the African Development 
     Foundation for a term expiring September 22, 2009.


                         department of justice

       Robert Cramer Balfe III, of Arkansas, to be United States 
     Attorney for the Western District of Arkansas for the term of 
     four years.


                       department of the treasury

       J. Russell George, of Virginia, to be Inspector General for 
     Tax Administration, Department of the Treasury.


                     national council on disability

       Milton Aponte, of Florida, to be a Member of the National 
     Council On Disability for a term expiring September 17, 2006.


                      national science foundation

       Dan Arvizu, of Colorado, to be a Member of the National 
     Science Board, National Science Foundation for a term 
     expiring May 10, 2010.
       Steven C. Beering, of Indiana, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.
       Gerald Wayne Clough, of Georgia, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.
       Kelvin Kay Droegemeier, of Oklahoma, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.
       Louis J. Lanzerotti, of New Jersey, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.
       Alan I. Leshner, of Maryland, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.
       Jon C. Strauss, of California, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.
       Kathryn D. Sullivan, of Ohio, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2010.


                       department ot the treasury

       Anna Escobedo Cabral, of Virginia, to be Treasurer of the 
     United States.

[[Page S11827]]

                             the judiciary

       Gregory E. Jackson, of the District of Columbia, to be an 
     Associate Judge of the Superior Court of the District of 
     Columbia for the term of fifteen years.


                         department of defense

       Vinicio E. Madrigal, of Louisiana, to be a Member of the 
     Board of Regents of the Uniformed Services University of the 
     Health Sciences for a term expiring June 20, 2009. 
     (Reappointment)
       Otis Webb Brawley, Jr., of Georgia, to be a Member of the 
     Board of Regents of the Uniformed Services University of the 
     Health Sciences for a term expiring June 20, 2009. 
     (Reappointment)


                defense nuclear facilities safety board

       R. Bruce Matthews, of New Mexico, to be a Member of the 
     Defense Nuclear Facilities Safety Board for a term expiring 
     October 18, 2005.
       Joseph F. Bader, of the District of Columbia, to be a 
     Member of the Defense Nuclear Facilities Safety Board for a 
     term expiring October 18, 2007.


                        department of education

       Eugene Hickok, of Pennsylvania, to be Deputy Secretary of 
     Education.
       Edward R. McPherson, of Texas, to be Under Deputy Secretary 
     of Education.


                     national council on disability

       Robert Davila, of New York, to be a Member of the National 
     Council On Disability for a term expiring September 17, 2006. 
     (Reappointment)
       Linda Wetters, of Ohio, to be a Member of the National 
     Council On Disability for a term expiring September 17, 2006. 
     (Reappointment)


   barry goldwater scholarship and excellence in education foundation

       Julia L. Wu, of California, to be a Member of the Board of 
     Trustees of the Barry Goldwater Scholarship and Excellence in 
     Education Foundation for a term expiring February 4, 2008, 
     vice James Roger Angel, term expired.
       Laurie Stenberg Nichols, of South Dakota, to be a Member of 
     the Board of Trustees of the Barry Goldwater Scholarship and 
     Excellence in Education Foundation for a term expiring March 
     3, 2010, vice Donna Dearman Smith, term expired.


                        department of education

       Carol D'Amico, of Indiana, to be a Member of the Board of 
     Directors of the National Board for Education Sciences for a 
     term of two years. (New Position)


                          department of state

       Yousif B. Ghafari, of Michigan, to be an Alternate 
     Representative of the United States of America to the Fifty-
     ninth Session of the General Assembly of the United Nations.
       Jane Dee Hull, of Arizona, to be a Representative of the 
     United States of America to the Fifty-ninth Sessions of the 
     General Assembly of the United Nations.
       Susan L. Moore, of Texas, to be an Alternate Representative 
     of the United States of America to the Fifty-ninth Session of 
     the General Assembly of the United Nations.


                  corporation for public broadcasting

       Gay Hart Gaines, of Florida, to be a Member of the Board of 
     Directors of the Corporation for Public Broadcasting for a 
     term expiring January 31, 2010.
       Claudia Puig, of Florida, to be a Member of the Board of 
     Directors of the Corporation for Public Broadcasting for a 
     term expiring January 31, 2008.
       Ernest J. Wilson, III, of Maryland, to be a Member of the 
     Board of Directors of the Corporation for Public Broadcasting 
     for a term expiring January 31, 2010. (Reappointment)


             Saint Lawrence Seaway Development Corporation

       James S. Simpson, of New York, to be a Member of the 
     Advisory Board of the Saint Lawrence Seaway Development 
     Corporation.


                      Federal Maritime Commission

       Harold Jennings Creel, Jr., of South Carolina, to be a 
     Federal Maritime Commissioner for the term expiring June 30, 
     2009.


                   Federal Communications Commission

       Jonathan Steven Adelstein, of South Dakota, to be a Member 
     of the Federal Communications Commission for a term expiring 
     June 30, 2008.


                               Air Force

       The following named officer for appointment in the United 
     States Air Force to the grade indicated under title 10, 
     U.S.C., section 624:

                        To be brigadier general

     Col. Guy K. Dahlbeck

       The following Air National Guard of the United States 
     officer for appointment in the Reserve of the Air Force to 
     the grade indicated under title 10, U.S.C., section 12203:

                        To be brigadier general

     Col. Brent E. Winget


                                  Army

       The following named officer for appointment in the United 
     States Army to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Robert L. Van Antwerp, Jr.

       The following named officer for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                          To be major general

     Brig. Gen. Jason K. Kamiya

       The following named officers for appointment in the Reserve 
     of the Army to the grades indicated under title 10, U.S.C., 
     section 12203:

                        To be brigadier general

     Col. Keith L. Thurgood

       The following named officers for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                        To be brigadier general

     Colonel Michael J. Lally, III

               Nominations Placed on the Secretary's Desk


                              Coast Guard

       PN2001 COAST GUARD nominations (154) beginning Gerard P. 
     Achenbach, and ending Elizabeth D. Young, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of September 23, 2004.
       PN2051 COAST GUARD nominations (257) beginning Joel A. 
     Amundson, and ending Joseph M. Zwack, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of November 16, 2004.


                            Foreign Service

       PN2019 FOREIGN SERVICE nominations (148) beginning Ralph L. 
     Boyce Jr., and ending Robert J. Whigham, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of October 7, 2004.
       PN2020 FOREIGN SERVICE nominations (206) beginning Robert 
     M. Clay, and ending Marcia L. Norman, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of October 7, 2004.
       Patricia Cushwa, of Maryland, to be a Commissioner of the 
     United States Parole Commission for a term of six years.
       Sharon Tucker, of Georgia, to be a Member of the Board of 
     Trustees of the Harry S Truman Scholarship Foundation for a 
     term expiring December 10, 2005.
       Kathleen Martinez, of California, to be a Member of the 
     National Council on Disability for a term expiring September 
     17, 2006.
       William A. Schambra, of Virginia, to be a Member of the 
     Board of Directors of the Corporation for National and 
     Community Service for a term expiring September 14, 2006.
       Donna N. Williams, of Texas, to be a Member of the Board of 
     Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2006.
       Leona White Hat, of South Dakota, to be a Member of the 
     Board of Directors of the Corporation for National and 
     Community Service for a term expiring October 6, 2008.
       Henry Lozano, of California, to be a Member of the Board of 
     Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2008.
       Mimi Mager, of the District of Columbia, to be a Member of 
     the Board of Directors of the Corporation for National and 
     Community Service for a term expiring December 27, 2007.
       Jacob Joseph Lew, of New York, to be a Member of the Board 
     of Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2008.
       Mark D. Gearan, of New York, to be a Member of the Board of 
     Directors of the Corporation for National and Community 
     Services for a term of one year.
       Dorothy A. Johnson, of Michigan, to be a Member of the 
     Board of Directors of the Corporation for National and 
     Community Service for a term expiring October 6, 2007.
       Cynthia Boich, of California, to be a Member of the Board 
     of Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2007.
       Edward Alton Parrish, of Virginia, to be a Member of the 
     Board of Trustees of the Barry Goldwater Scholarship and 
     Excellence in Education Foundation for a term expiring April 
     17, 2008.
       Raquel Egusquiza, of Michigan, to be a Member of the Board 
     of Trustees of the Barry Goldwater Scholarship and Excellence 
     in Education Foundation for a term expiring October 13, 2005.
       Michael J. Harrison, of Connecticut, to be an Assistant 
     Secretary of Agriculture.
       Fredrick William Hatfield, of California, to be a 
     Commissioner of the Commodity Futures Trading Commission for 
     a term expiring April 13, 2008.
       Sharon Brown-Hruska, of Virginia, to be a Commissioner of 
     the Commodity Futures Trading Commission for the term 
     expiring April 13, 2009.
       Michael V. Dunn, of Iowa, to be a Commissioner of the 
     Commodity Futures Trading Commission for the remainder of the 
     term expiring June 19, 2006, vice James E. Newsome, resigned.
       Dallas Tonsager, of South Dakota, to be a Member of the 
     Farm Credit Administration Board, Farm Credit Administration, 
     for a term expiring May 21, 2010.


                      nomination of keith starrett

  Mr. LEAHY. Mr. President, the nomination of Keith Starrett of 
Mississippi is strongly supported by Senator Lott and Senator Cochran. 
Judge Starrett is nominated to a vacancy on the Southern District of 
Mississippi created when the President ignored the Senate's withholding 
of its consent and unilaterally appointed Judge Charles Pickering to 
the Fifth Circuit.
  With this nomination, President Bush forfeited another opportunity to

[[Page S11828]]

be a uniter and to draw the country together. I understand the concerns 
of so many African-American organizations and lawyers who continue to 
ask the President to begin to achieve some diversity on that bench by 
the nomination and appointment of a qualified African American. The 
Magnolia Bar Association, a primarily African-American bar association 
in Mississippi, has written the Senate in connection with this 
nomination. The Magnolia Bar's president, Crystal Wise Martin, 
expresses the group's strong opposition to proceeding with Judge 
Starrett's nomination, not only because it is so late in the session 
but also because, as she writes: ``[I]t fails to remedy the egregious 
problem concerning the lack of diversity on Mississippi's federal 
bench.'' She points out that Mississippi has the highest percentage of 
African Americans of any State, but that Mississippi has had only one 
African-American Federal judge. She explains that the Magnolia Bar and 
the National Bar Association have both made direct requests to the 
President that he appoint an African American to fill this important 
vacancy.
  During the consideration of Charles Pickering's nomination, reports 
were that Republicans were indicating that they would advocate for an 
African-American nominee if some African Americans would support Judge 
Pickering's elevation to a higher court. The administration has chosen 
not to fulfill those hopes by proceeding with a qualified African-
American nominee for this important judgeship.
  This President has shown where his priorities are by nominating more 
lawyers affiliated with the Federalist Society than qualified African 
Americans, Hispanics and Asian Americans combined.
  I ask unanimous consent that a copy of the letter from the Magnolia 
Bar Association be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      Magnolia Bar


                                            Association, Inc.,

                                   Jackson, MS, September 6, 2004.
     Senator Orrin Hatch,
     Chair, Senate Judiciary Committee, Senate Dirksen Office 
         Building, Washington, DC.
     Senator Patrick Leahy,
     Ranking Member, Senate Judiciary Committee, Senate Dirksen 
         Office Building, Washington, DC.
       Dear Senators Hatch and Leahy: Founded in 1955 by less than 
     ten black lawyers with several purposes including advancing 
     the science of jurisprudence and promoting reform in the law, 
     the Magnolia Bar Association can now boast that it has more 
     than four hundred African-American and white members who 
     practice across Mississippi and many states throughout 
     America. Our members are engaged in every form of practice 
     just as other members of the Mississippi Bar. We are 
     prosecutors, criminal defense attorneys, plaintiff attorneys, 
     defense attorneys, and we are administrative lawyers. Our 
     ranks also include attorneys who specialize in domestic 
     relations and commercial litigation. Simply put, we do it 
     all. We practice in state, federal and tribal courts. The 
     Magnolia Bar is represented on every court in Mississippi 
     except the Fifth Circuit Court of Appeals. We are proud of 
     what we do, and we are committed to our profession. I, 
     Crystal Wise Martin, am indeed honored to serve as its 
     president.
       We are strongly opposed to the Senate's consideration of 
     the nomination of Keith Starrett to the Southern District of 
     Mississippi so late in this Administration's term. We 
     understand there is a longstanding and well-respected 
     practice of the Senate Judiciary Committee to withhold 
     consideration of controversial federal judicial nominations 
     by the fall of an election year. We see no reason to deviate 
     from this tradition in the case of the Starrett nomination.
       The Starrett nomination is particularly untimely. President 
     Bush only nominated Keith Starrett on July 7 of this year, to 
     fill the seat vacated by Charles Pickering upon his recess 
     appointment to the Fifth Circuit. Consideration of the 
     nomination at this point in an election year is simply 
     inappropriate. In Mississippi, absentee voting in the 
     Presidential election begins on September 20. Holding a 
     hearing on the nomination just twelve days before 
     Mississippians can cast their Presidential votes is simply 
     too late. Moreover, it is doubtful that Mr. Starrett could 
     even proceed through the Judiciary Committee before the 
     voting begins.
       We know of no federal judicial nomination in recent history 
     in which the nomination was made so late in a Presidential 
     term and yet still received a hearing before the Judiciary 
     Committee in the fall of an election year. In the last 
     presidential election year of 2000, there were no hearings 
     whatsoever held in the fall. For example, when President 
     Clinton nominated Ricardo Morado to the district court in 
     Texas on May 11, 2000, Senators objected to the nomination as 
     occurring too late in an election year. Mr. Morado never 
     received a hearing.
       Additionally, we strongly object to the Starrett nomination 
     because it fails to remedy the egregious problem concerning 
     the lack of diversity on Mississippi's federal bench. 
     Mississippi has the highest percentage of African Americans 
     of any state in the country. Yet Mississippi has had only one 
     African American federal judge--ever. Judge Henry Wingate, 
     who holds this distinction, was appointed nearly twenty years 
     ago.
       Earlier this year, the Magnolia Bar Association made a 
     direct plea to President Bush to rectify this lack of 
     diversity. In a letter dated February 2, we urge President 
     Bush to appoint an African American to the Southern District 
     of Mississippi. We wrote that the ``appointment of an African 
     American . . . is long overdue.'' We set forth the history of 
     the lack of appointments, and concluded there was a 
     ``compelling case'' for the appointment. We noted the 
     existence of hundreds of African American lawyers in the 
     State and the representation we have been able to achieve on 
     our State and local bench. We offered to consult with the 
     President about the numerous candidates who exist for a 
     federal court position. The National Bar Association, the 
     nationwide organization of African American lawyers, made a 
     similar request this year, directed specifically to the 
     vacancy in the Southern District of Mississippi.
       Moreover many members of the African American community in 
     Mississippi were led to believe that an African American 
     would receive the nomination to fill Judge Charles 
     Pickering's district court seat. Judge Pickering's 
     supporters, including but not limited to his son, 
     Representative Chip Pickering, were express about their 
     intentions to bring about the nomination of an African 
     American should Judge Pickering be elevated. These 
     representations are well documented in the press. The 
     Washington Post reported that ``Chip Pickering confirmed that 
     he has also been telling prominent African Americans in the 
     state that if his father is promoted to the appeals court, 
     his replacement on the district court will likely be an 
     [African American nominee].'' (``Judge's Fate Could Turn on 
     1994 Case,'' Washington Post, May 27, 1993). The Clarion-
     Ledger from Jackson, Mississippi referred to Congressman 
     Pickering's representations in an article entitled, 
     ``Pickering Vows to Push Diversity.'' (Clarion-Ledger, May 
     28, 2003).
       President Bush has refused to heed our requests. Despite 
     having four opportunities, he has not nominated one African 
     American to the federal bench in Mississippi. During his 
     term, President Bush has nominated three persons to the 
     federal district court in Mississippi and one person from 
     Mississippi to the Fifth Circuit Court of Appeals. None are 
     African American. We deplore this Administration's record on 
     diversity in judicial appointments in Mississippi.
       The failure to diversify Mississippi's federal bench is 
     just one example of the lack of diversity in this 
     Administration's judicial appointments generally. In four 
     years, President Bush has appointed only 11 African Americans 
     to district court seats anywhere in the country. These 11 
     appointments constitute only less than seven percent of the 
     total of 162 district court appointments. This stands in 
     stark contrast to the record of President Bush's predecessor. 
     In his first term, President Clinton appointed 33 African 
     Americans out of 170 district court appointments, or almost 
     twenty percent. In his second term, President Clinton 
     appointed 20 African Americans out of 137 district court 
     appointments, or fourteen percent. The Magnolia Bar 
     Association strongly believes we should be advancing in 
     African American representation on the federal bench, not 
     retreating.
       For all of these reasons, we urge you to refrain from 
     considering the Starett nomination at this late date. Thank 
     you.
           Respectfully yours,
                                              Crystal Wise Martin,
                                                        President.


                      Nomination of David Nahmias

  Mr. LEAHY. Mr. President, after months of stonewalling by this 
administration, we are still trying to uncover the truth about the 
abuse of prisoners in U.S. custody overseas. I have long said that 
somewhere in the upper reaches of the executive branch a process was 
set in motion that rolled forward until it produced this scandal. To 
date, senior administration officials have avoided any accountability 
for these atrocities.
  The Senate is today including the nomination of David Nahmias to 
serve as a U.S. Attorney in Georgia in a final package of confirmations 
for this Congress. Mr. Nahmias has held senior positions at the 
Department of Justice where he worked on the legal underpinnings of the 
President's war against terror. The overbroad assertions of executive 
power have been rejected by the Supreme Court and other Federal courts.
  In speeches, he has unequivocally supported the President's authority 
as Commander in Chief to designate and detain suspected terrorists, 
including

[[Page S11829]]

American citizens, as enemy combatants without judicial review by an 
article III court. In the case of the American citizens detained as 
enemy combatants, argued that there was no reason for judicial review 
of their detentions because they, ``received the absolute ultimate 
executive branch process,'' because the ``President of the United 
States, operating as the Commander-in-Chief, personally reviewed their 
cases, and personally designated them as enemy combatants.'' The 
Supreme Court strongly rejected this position this year and held that 
the detainees in Guantanamo Bay and U.S. citizens being held as enemy 
combatants have the right to challenge their detentions in Federal 
courts.
  I asked Mr. Nahmias questions about his views on the rights of enemy 
combatants, his role in investigating, approving, or otherwise 
reviewing rules, procedures, or guidelines involving the interrogation 
of individuals held in the custody of the U.S. Government or an agent 
of the U.S. Government, and his role in the prosecution of domestic 
terrorism cases. His original answers were largely non-responsive. I 
sent him further questions to clarify his record and views.
  I remain troubled by Mr. Nahmias' answers and uncertain of the extent 
of his involvement in these matters. During Mr. Nahmias' tenure at the 
Department, it produced a legal memorandum redefining torture to allow 
all sorts of brutal treatment--such as mock burial alive, simulated 
drowning, electrocution, tearing off of fingernails, and other such 
barbaric treatment--so long as the pain caused is not akin to organ 
failure, and concluding that, as commander in chief in the war against 
terror, the President and federal agents are not constrained by anti-
terror laws. Since they came to light, these positions have been 
abandoned by the White House counsel and the administration.
  The American people deserve public officials who are fair and will 
uphold the law. No one is entitled to a high-ranking presidential 
appointment entrusted with making decisions that affect the lives and 
futures of millions of Americans. Our freedoms are the fruit of too 
much sacrifice to give appointments to people who will not fairly 
interpret the Constitution, enforce Federal protections, and follow 
previous court rulings on which Americans rely in their daily lives. If 
there were a separate vote on this nomination, I would oppose it.


                    nomination of christopher boyko

  Mr. President, today the Senate voted on the nomination of Judge 
Christopher Boyko for a lifetime seat on the U.S. District Court for 
the Northern District of Ohio. He is strongly supported by both of his 
home-State Senators.
  The Senate has already confirmed four of President Bush's district 
court nominees and two of his circuit court nominees from Ohio, 
including some who were problematic. Deborah Cook, now on the Sixth 
Circuit, is a staunch Republican and Federalist Society member who was 
one of the Ohio Supreme Court's most prolific and activist dissenters 
in favor of corporate interests. She was promoted by the Senators from 
Ohio and was confirmed last year. Another Sixth Circuit confirmation, 
Jeffrey Sutton, is an active Federalist Society member and one of the 
most controversial of President Bush's nominees confirmed. Prior to his 
confirmation to a lifetime appointment on the Nation's second highest 
court, Judge Sutton sought out opportunities to attack Federal civil 
rights laws and limit Congress' ability to protect individual rights. 
He received enough ``negative'' votes for a potential filibuster, but 
he was not blocked on the floor. The Senate also confirmed four Ohio 
district court nominees for President Bush, many of whom were active 
members of the Republican party in Ohio and whose records were somewhat 
troubling.
  We moved forward with those nominations even though two of President 
Clinton's nominees to Ohio, Kent Markus and Steve Bell, were blocked by 
Republicans. Neither received a hearing or a vote. Mr. Markus was 
nominated to the Sixth Circuit in February 2000, but was told it was 
just too late. Steven Bell was nominated in August 1999 to the district 
court in Ohio and waited for more than a year without receiving a 
hearing. The double standards that the Republican majority has adopted 
obviously depend upon the occupant of the White House.
  In 1996, when a Democratic President was seeking re-election, the 
Republican-controlled Senate held only one hearing to consider one 
district court nominee after the August recess, and then never allowed 
that nominee to have a Committee or Senate vote. Indeed, that nominee, 
Judge Ann Aiken of Oregon, was obstructed so severely by the Republican 
majority that she was not confirmed to her position until nearly a year 
and a half later.
  In September 2000, when the vacancy rate on the Federal courts was 
around 7 percent, Republicans refused to proceed with hearings on 
nominees so late in the presidential election year. After the August 
recess work on judicial nominations came to a halt. Although there were 
over 30 nominees pending, after July 25, 2000, no more judicial 
nominees were scheduled for hearings or considered by the committee. 
This year, with the vacancy rate at around 3 percent, less than half 
what it was in 2000, we expedited consideration of nominees by a 
Republican President.
  In both 1996 and 2000, not a single individual nominated after July 
21 was confirmed to the Federal courts--even for seats that were 
already vacant. When Kent Markus of Ohio was nominated in February 2000 
to the Sixth Circuit, he was told by Republicans that it was just too 
late. Judge Boyko was nominated on July 22, 2004 to fill a district 
court seat that will not even be vacant until December 31, 2004.
  That said, I note that since 1996, Judge Boyko has served on the 
Court of Common Pleas for Cuyahoga County. Unlike many of this 
President's nominees, Judge Boyko has a reputation for fairness. He is 
being confirmed today for a future vacancy. I congratulate him and his 
family on his confirmation.


                      nomination of keith starrett

  Mr LOTT. Mr. President, I am delighted that the Senate has approved 
Judge Keith Starrett's nomination today to be a U.S. District Court 
Judge for the Southern District of Mississippi. I was pleased when the 
President nominated Judge Starrett to be a U.S. District Court Judge 
because he is one of the most experienced and respected trial court 
judges in the Mississippi State court system. I know that his lovely 
wife Barbara and his entire family are very proud of Judge Starrett as 
he marks this important milestone in his career and prepares to serve 
our state and nation in this new role.
  Judge Starrett is a bright light in the Mississippi legal community. 
He holds an undergraduate degree from Mississippi State University and 
a J.D. degree from the University of Mississippi School of Law. 
Additionally, as a sitting trial court judge he has completed a number 
of courses at the National Judicial College which have added to the 
knowledge base which he will bring to the federal bench.
  Judge Starrett engaged in the general practice of law for 17 years in 
Pike County and also served as an Assistant District Attorney, gaining 
broad experience in the law that such practice areas provide. He was 
appointed to a vacant State circuit court judgeship in 1992, and he was 
elected to continue in this position in 1994, 1998, and 2002. During 
his 12 years on the bench, Judge Starrett has earned a strong 
reputation as a fair and outstanding trial judge presiding over both 
civil and criminal cases.
  One of Judge Starrett's most important accomplishments in his 
judicial career is the leadership he provided in establishing the first 
felony level drug court in Mississippi in his State judicial district. 
This court was used as a model for the creation of other drug courts in 
the State. Judge Starrett's expertise and involvement in this area has 
been a key driving force as Mississippi works to implement a drug court 
system for the entire State, and he has written and spoken extensively 
on this topic. These special courts are better able to address the 
issues of justice and rehabilitation for those charged with crimes 
involving drugs, and I commend Judge Starrett for the groundbreaking 
work he has done in this area.
  Judge Starrett has also found time to serve his community and 
profession in many other ways. He helped to found

[[Page S11830]]

Mission Pike County, a racial and denominational reconciliation 
organization and Southwest Mississippi Child Protection, a child 
advocacy group in Lincoln and Pike Counties. He is a leader in his 
church and the legal community in Mississippi, and he has been 
recognized with awards such as the 2003 Judicial Excellence Award given 
by the Mississippi Bar Association.
  It is no surprise that the American Bar Association's Standing 
Committee on the Federal Judiciary has unanimously found Judge Keith 
Starrett to be Well-Qualified to serve as a U.S. District Court Judge. 
The vacant seat which Judge Starrett has been confirmed to fill has 
been designated a judicial emergency, and I am pleased that the Senate 
has acted to prevent justice from being delayed any further for the 
parties whose cases are pending in the Southern District of 
Mississippi. I congratulate Judge Starrett on his confirmation, and I 
look forward to his serving as a federal judge for many years to come.
  Mr. LEAHY. Mr. President, during the past 4 years, the Senate has 
confirmed more than 200 of President Bush's choices for the only 
lifetime jobs in our system of government. Including the judicial 
nominees scheduled to be confirmed today, Democrats and Republicans in 
the Senate have confirmed 204 circuit, district and trade court 
nominees in the past four years. That is more Federal judges than were 
confirmed for President Reagan during his first term, more than in 
President George H.W. Bush's presidency, and more than in either of 
President Clinton's terms. The first 100 were confirmed in the 17 
months of Democratic Senate leadership. In the other 31 months, 
Republicans have led the Senate to confirm another 104.
  With this historic number of confirmations, we are at the lowest 
number of vacant seats on the Federal courts in 16 years. There are 
more Federal judges serving today than at any time in American history. 
With today's confirmations, there will be only 26 empty seats on the 
Federal courts. If retirements and confirmations were to continue at 
the current pace, President Bush would be poised to name more than 400 
lifetime judges on the Federal bench, which contains 879 judges. That 
would mean he would have appointed more judges than any President in 
our history.
  Democrats in the Senate have taken as bipartisan approach as possible 
while still preserving the Senate's independence to act as a check 
against extreme or unfit appointments to these lifetime positions. Some 
of the nominees this President nominated to appellate courts have been 
among the most controversial ever proposed. A handful of them, those 
with records that do not demonstrate that they will be fair judges who 
will fully enforce our constitutional rights have been denied the 
consent of the Senate. The Federal courts should not become the arm of 
the Republican Party or the Democratic Party. To preserve the 
independence of the judiciary, the Senate has served its time honored 
roll as a check on the presidential appointment power. The Constitution 
says advice and consent, not rubber stamp.
  Ours has been a good record of both cooperation and independence by 
the Senate. Even with this historic level of bipartisan cooperation and 
despite the high number of divisive nominees this President has sent to 
the Senate, partisans continue to claim that nothing short of 100 
percent approval is acceptable. No President has seen 100 percent of 
his judicial nominees approved. Not even George Washington got all of 
his appointments confirmed. Shortly after the Judiciary Committee was 
created, nominees of President James Madison were defeated in the 
Committee. More recently Republicans defeated the nominations of more 
than 60 of President Clinton's judicial nominees and more than 200 of 
his executive branch nominees in Senate committees.
  President Bush refused to address the unfair way President Clinton's 
nominees were treated by Senate Republicans through anonymous holds and 
other tactics. Objection from even one Republican Senator was allowed 
to defeat President Clinton's judicial nominees. Republicans worked to 
preserve vacancies in the Clinton years, especially vacancies on the 
circuit courts like the 6th Circuit and the D.C. Circuit. Two dozen 
circuit court nominees and more than 40 district court nominees were 
denied Senate votes of any kind. They are now exploiting their success. 
Unfortunately, President Bush decided in his first term to seek 
confrontation and politicization of the process rather than consensus. 
There were opportunities to find common ground that were squandered.
  During the Clinton administration, leading Republicans claimed that 
as many as 100 vacant seats in the Federal courts did not create any 
crisis. Some even boasted that they allowed too many judges to be 
confirmed. There was a dramatic shift when a Republican moved into the 
White House when suddenly any number of vacancies became a crisis to 
them. The rules and Senate procedures Republicans used to stall 
President Clinton's nominees were no longer acceptable to them and were 
jettisoned with a Republican in the White House.
  When I became chairman of the Judiciary Committee and the Committee 
was reorganized back in July 2001, we inherited 110 vacant seats in the 
federal courts. During my 17 months as chairman, we evaluated the 
President's nominees, and confirmed 100 judges. That represented a 
tremendous effort in that short time, especially amid the dramatic 
crises facing our nation in the wake of the September I 1 attacks and 
the anthrax attacks directed at Senate Democrats. Rather than adopt 
Republican methods by which they blocked scores of mainstream nominees 
by President Clinton, we made the process fairer and more open while 
preserving the longstanding rules and precedents of the Judiciary 
Committee and the Senate.
  Over 17 months, we proceeded to give hearings to 103 of President 
Bush's judicial nominees, some of whom proved to be quite controversial 
and divisive, even though the President had promised the American 
people that he was a ``uniter not a divider.'' The President's 
controversial nominations divided us by politicizing the federal 
courts. They included nominees with records of extremism and in an 
effort to stack the courts unfairly.
  In this the 108th Congress, Republicans assumed Senate leadership and 
proceeded to bend, break or reinterpret the rules and precedents in 
their efforts to ram through the Senate every nominee and turn the 
Senate into a rubber stamp for lifetime appointments.
  It was in the face of these partisan actions that the only option 
left to the Senate to protect the independence and fairness of the 
courts was extended debate. Democrats acted sparingly to withhold 
consent from the most extreme choices of this President and the most 
egregious partisan acts of Senate Republicans. I will not restate the 
specific concerns with each of those nominees. Those reasons are stated 
publicly in the Record during debate by many Senators. Unlike 
Republican obstruction which took place most often in secret and 
without open and honest debate, when we oppose a nominee we said so and 
explained why in public.
  Republicans have held hearings for 120 judicial nominees in the past 
2 years, including hearings for 33 circuit court nominees. Republicans 
doubled the pace they were willing to maintain from 1997 through 2000 
when it took them 4 years to hold hearings for 33 of President 
Clinton's circuit court nominees, despite the fact that President 
Bush's nominees have been much more controversial.
  Two weeks after the session began in January 2003, Republicans 
insisted on holding a hearing for three controversial circuit court 
nominees on a single panel. This hearing was noticed in less than the 
time required under the rules and in spite of a bipartisan written 
agreement that had been adhered to since 1987 that only one 
controversial judicial nominee would be scheduled at a time. Over the 
objections of several Members of the Judiciary Committee, that hearing 
proceeded on the nominations of Jeffrey Sutton, Deborah Cook, and John 
Roberts to three circuit courts that had been held hostage by 
Republicans during President Clinton's second term.
  The day after that unprecedented hearing in violation of the 
Thurmond-Biden guideline, Republicans forced a vote on the nomination 
of Miguel Estrada, even though he had failed to answer the questions of 
many members of the Committee and the White House

[[Page S11831]]

had refused to honor past precedent for information sharing. Republican 
partisans then took to calling Senate Democrats anti-Hispanic. Such 
false claims marked a new low. Despite the efforts of some, like 
Senator Bennett of Utah, to reach a compromise to allow the Senate to 
review the work of the nominee, the White House refused. No reasonable 
employer would hire someone who refused to answer basic questions or 
provide needed documents. Republicans demanded the Senate proceed with 
regard to a lifetime appointment without such information.
  Republicans began to list judicial nominees for committee 
consideration even before they had answered the written questions of 
Senators, let alone answered them responsively. With President Clinton, 
Republicans refused to list a judicial nominee for a committee vote for 
weeks and often months and sometimes forever. Suddenly, with a 
Republican in the White House, Republicans decided that Senators did 
not really need their questions answered before scheduling a vote. 
Republican effort to limit the time and quality of the review of these 
lifetime appointees was disappointing and wrong. Editorial cartoons 
noted that the Committee was becoming nothing more than a rubber stamp 
at a conveyor belt factory for judges. This approach undermined advice 
and consent.
  In the final Judiciary Committee meeting in February, Republicans 
broke another longstanding rule of the Judiciary Committee, rule IV, 
which had been respected for nearly a quarter of a century. Rule IV 
requires a member of the minority of the Judiciary Committee to consent 
to end debate in order to force a vote on a nomination or any other 
matter. Without consent, Republicans called debate at an end. The claim 
that the Senate Parliamentarian approved this reading of the rule was 
undercut when the Parliamentarian advised that his position was that he 
had no authority to enforce committee rules. The committee that should 
respect the rule of law chose instead to do away with any rule or 
precedent Republicans found inconvenient.
  In March, Republicans began claiming that filibusters of nominees 
were ``unprecedented'' and argued that it was unconstitutional to deny 
a nominee a vote. These claims were another reversal from the party 
that had blocked votes on more than 60 of President Clinton's judicial 
nominees and more than 200 of his executive nominees through a variety 
of procedures. Republicans not only ignored their own recent history in 
which they unsuccessfully filibustered the nominations of Judge 
Rosemary Barkett and Judge H. Lee Sarokin, and successfully 
filibustered the nominations of Dr. Henry Foster and Sam Brown, they 
sought to rewrite the history of the filibuster of the nomination of 
Abe Fortas to be Chief Justice of the Supreme Court. The Senate's 
cloture rule is a departure not from majority rule but from the 
unanimous consent that has been essential to the character of the 
Senate. Now that they are in the majority, Republicans have no use for 
rules protecting the minority or for the historic role of the Senate.
  Republicans turned their practices upside down when the very people 
who insisted on recognition of their prerogatives as home State 
Senators with regard to judicial nominees chose with a Republican in 
the White House to disregard the lack of home State Senator support and 
proceed with hearings and Committee consideration of the nominations of 
Carolyn Kuhl, Janice Rogers Brown, Henry Saad, Richard Griffin, David 
McKeague, and Susan Nielson.
  Requiring home State Senator support can and often has led to 
consultation and cooperation between the Senate and the White House. 
This White House and Senate Republicans who insisted on it without 
exception during the Clinton years, dispensed with it when it became 
inconvenient to their goal of stacking the courts and moving them 
sharply in one direction. To do so, they proceeded in the face of 
opposition from both home State Senators.
  When Republicans were being asked to considering the, nominations of 
a Democratic President, one negative blue slip from just one home State 
Senator was enough to doom a nomination and prevent a hearing on that 
nomination. This included all nominations, including those to the 
circuit courts. How else to explain the failure to schedule hearings 
for such qualified and noncontroversial nominees such as James Beatty 
and James Wynn, African American nominees from North Carolina? What 
other reason could plausibly be found for what happened to the 
nominations of Enrique Moreno and Jorge Rangel--both Latino, both 
Harvard graduates, both highly rated by the ABA, both denied hearings 
in the Judiciary Committee? Republicans used to excuse their refusal to 
proceed on President Clinton's nominees because of the absence of home 
State Senator support. Indeed, in those days, so long as a Republican 
Senator had an objection, it appeared to be honored, whether that was 
Senator Helms objecting to an African American nominee from Virginia or 
Senator Gorton objecting to nominees from California.
  Republicans continued to hold hearings on controversial judicial 
nominees following the party nominating conventions and with the 
Presidential election just weeks away. Whether they acknowledge it as 
the Thurmond Rule, or something else, it is a well established practice 
that in Presidential election years there comes a point when judicial 
confirmation hearings are not continued without agreement. Republicans 
used to insist that absent the consent of the minority, we await the 
results of the election and the inauguration of a new President before 
moving additional nominees. Republicans lived by this precedent when 
they ran this Committee in 1996 and later, in 2000. In 1996, when a 
Democratic President was seeking re-election, the Republican-controlled 
committee held only one hearing to consider one district court nominee 
after the August recess, and then never allowed that nominee to have a 
committee vote. In 2000, the Republican-controlled committee followed 
the Thurmond Rule to the letter. After the August recess work on 
judicial nominations came to a halt. Although there were over 30 
nominees pending, after July 25 2000, no more judicial nominees were 
scheduled for hearings or considered by the committee.
  Republicans have gone so far as to reverse their practice with 
President Clinton by holding hearings for nominees for positions in the 
courts that would not even become vacancies until after the 
Presidential election. As with everything else, there appears to be one 
rule for Democrats and no rules or precedents for Republicans.
  Little did we know that through most of the time, Republican staff 
had been stealing Democratic computer files and using them for partisan 
purposes. When The Wall Street Journal and The Washington Times wrote 
that they were furnished internal documents, the investigation began. 
The Capitol Police seized the Judiciary computer hard drives and 
servers and the Senate Sergeant at Arms began an internal 
investigation. Staff of the Republican leader and the chairman of the 
Judiciary Committee resigned and confirmed their involvement. This 
year, the Sergeant at Arms reported that thousands of files had been 
stolen over a period of years and found that this partisan spying and 
stealing may have violated numerous criminal laws. It is a shameful 
chapter in the history of the Judiciary Committee and the Senate. A 
Federal criminal investigation is ongoing into this matter, and I look 
forward to the Justice Department completing that inquiry in the coming 
year.
  The President took the unprecedented steps of renominating 
controversial nominees on whom the Judiciary Committee had withheld 
consent and then recess appointed controversial nominees on whom the 
Senate had withheld its consent. This President has utilized the 
constitutional recess appointment power as an end-run around the 
Constitution's advice and consent requirement. This undermines the 
Senate's institutional role as a check on unfit or unfair nominees to 
our independent court system. Just as Senate Republicans viewed 
longstanding rules and precedent as inconvenient, the President treated 
the Constitution's requirement of Senate consent as an inconvenience 
and an opportunity for partisan political gain. The President went so 
far as to try to steal a circuit seat from one State and over objection 
to award it to another by

[[Page S11832]]

nominating a Virginian to fill a traditional Maryland vacancy on the 
Fourth Circuit.
  Most regrettably as well, the White House fanned the flames and 
refused to tamp down hateful and unfounded claims that amounted to 
religious McCarthyism. Senate Democrats refused to be cowed by 
Republican's false charges that they were anti-Hispanic, anti-African 
American, anti-Christian, antiwoman or antiman. We were none of these 
things. The fact of the matter is that Democrats were antijudicial 
zealot, period. Democrats stood up for the independence of the Federal 
courts and fair, nonpartisan judges for the American people.
  These past 2 years we have witnessed the Senate Judiciary Committee 
and the Senate break with longstanding precedent and Senate tradition. 
With the Senate and the White House under control of the same political 
party we have witnessed rule after rule broken or misinterpreted away. 
The Framer's of the Constitution warned against the dangers of such 
factionalism, undermining the structural separations of power. 
Republicans in the Senate have failed to defend the institutional role 
of this branch as a check on the President in the area of nominations. 
It weakens our Constitution to have such collusion and forfeits the 
strength and protections of our separation of powers that was designed 
to protect all Americans.
  From the way that home State Senators are treated to the way hearings 
are scheduled, to the way the Committee questionnaire was altered 
unilaterally, to the way our Committee's historic protection of the 
minority by Committee Rule IV has been violated, to the theft of 
computer files, Republicans destroyed virtually every rule, precedent, 
custom and courtesy that used to help create and enforce cooperation 
and civility in the confirmation process. Their approach to our rules 
and precedents follows their own partisan version of the golden rule, 
which is that ``he with the gold, rules.'' It is as if those currently 
in power believe that they are above our constitutional checks and 
balances and that they can reinterpret any treaty, law, rule, custom or 
practice they do not like or they find inconvenient.

  Some of these interpretations are so contrary to well-established 
understandings that it is like we have fallen down the rabbit hole in 
Alice in Wonderland. I am reminded that the imperious Queen of Hearts 
rebuked Alice for having insufficient imagination to believe 
contradictory things, saying that some days she had believed six 
impossible things before breakfast. I have seen things I thought 
impossible on the Judiciary Committee and in the Senate, things 
impossible to square with the past practices of Committee and the 
history of the Senate.
  Under our Constitution, the Senate has a vital role in the selection 
of our judiciary. The brilliant design of our Founders established that 
the first two branches of government would work together to equip the 
third branch to serve as an independent arbiter of justice. The 
structure of our Constitution and our own Senate rules of self-
governance are designed to protect minority rights and to encourage 
consensus. Despite the razor-thin margin of recent elections, 
Republicans are not acting in a measured way but in complete disregard 
for the traditions of bipartisanship that are the hallmark of the 
Senate. Theirs is a practice of might makes right is wrong. One of the 
great strengths of the Senate is its role as a continuing body with 
continuing rules that have, until the 108th Congress, been respected 
and followed under either Democratic leadership or Republican control. 
Our rules must not change to give whoever is in the majority the power 
to jerry rig whatever result is desired.
  As the Rev. Martin Luther King wrote in his famous Letter from a 
Birmingham Jail, ``Let us consider a more concrete example of just and 
unjust laws. An unjust law is a code that a numerical or power majority 
group compels a minority group to obey but does not make binding on 
itself. This is difference made legal. By the same token, a just law is 
a code that a majority compels a minority to follow and that it is 
willing to follow itself. This is sameness made legal.''
  Fair process is a fundamental component of the American system of 
law. If we cannot have a fair process in these halls or in our courts, 
how will the resulting decisions be viewed? If the rule of law is to 
mean anything it must mean that it applies to all equally.
  No man and no party should be above the law. That has been one of the 
strengths of our democracy. Our country was born in reaction to the 
autocracy and corruption of King George, and we must not forget our 
roots as a nation of both law and liberty. The best guarantee of 
liberty is the rule of law, meaning that the decisions of government 
are not arbitrary and that rules are not discretionary or enforced to 
help one side and then ignored to aid another. James Madison, one of 
the Framers of our Constitution, warned in Federalist No. 47 of the 
very danger that has threatened our great nation during the 108th 
Congress, a threat to our freedoms from within: ``[The] accumulation of 
all powers legislative, executive and judiciary in the same hands . . . 
may justly be pronounced the very definition of tyranny.''
  The American people deserve better governance than we have seen with 
the destruction of rule after rule by a majority willing to sacrifice 
the power and precedents of the Senate. Our freedoms as Americans are 
the fruit of too much sacrifice to have the rules ignored in the United 
States Senate by partisans colluding with the White House to try to 
appoint unfit loyalists to courts who have been chosen with the hope 
that they will re-interpret our great precedents and overturn the very 
laws that have protected our most fundamental rights as Americans.

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