[Congressional Record Volume 158, Number 30 (Monday, February 27, 2012)]
[Senate]
[Pages S1039-S1041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE SESSION

                                 F_____
                                 

NOMINATION OF MARGO KITSY BRODIE TO BE UNITED STATES DISTRICT JUDGE FOR 
                    THE EASTERN DISTRICT OF NEW YORK

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination which 
the clerk will report.
  The assistant editor of the Daily Digest read the nomination of Margo 
Kitsy Brodie, of New York, to be United States District Judge for the 
Eastern District of New York.
  Mr. LEAHY. Mr. President, am I correct that the order is such that 
the vote will be at 5:30?
  The PRESIDING OFFICER. The order is actually for 60 minutes of 
debate.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the vote be at 
5:30.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, certainly if the ranking member comes to 
the floor and wishes to change that, I would not object.
  Earlier this month the Senate finally ended a four-month and two-day 
filibuster of the confirmation of Judge Adalberto Jordan and he is now 
the first Cuban-American to serve on the Eleventh Circuit. We also 
finally ended the five-month filibuster of the nomination of Jesse 
Furman, a former counselor to Attorney General Mukasey, and he is now a 
confirmed Federal trial judge in the Southern District of New York.
  The Majority Leader should not have had to file cloture petitions for 
the Senate to vote on these outstanding judicial nominations. Senate 
Republicans have filibustered nine of President Obama's judicial 
nominations despite the fact that he has reached out to both Republican 
and Democratic home state Senators and nominated qualified, 
ideologically moderate men and women to fill vacancies on our Federal 
courts.
  Before I turn to the nomination of Margo Brodie, another nomination 
that should have been confirmed last year after being reported by the 
Senate Judiciary Committee unanimously in October, I want to spend a 
moment reflecting on Senate Republicans' treatment of Jesse Furman. 
Judge Furman was a Federal prosecutor who also served as a top legal 
advisor to Attorney General Michael Mukasey during the George W. Bush 
administration. He was involved with the prosecutions of the Times 
Square bomber, the infamous Russian spies, and a Pakistani scientist 
with ties to Al Qaeda whose actions were responsible for the 1998 
bombings of the U.S. embassies in Kenya and Tanzania. He has impeccable 
credentials including having clerked for Justice David Souter on the 
United States Supreme Court. Based on his superior qualifications and 
bipartisan support, the Senate Judiciary Committee reported his 
nomination last September unanimously, without a single Republican 
Senator dissenting.
  His nomination, like so many others, was then subjected to 
obstruction and delay. From the start of his term, Republican Senators 
have applied a double standard to President Obama's nominees. Senate 
Republicans have chosen to depart dramatically from the long tradition 
of deference to home state Senators on district court nominees. 
Instead, an unprecedented number of President Obama's highly-qualified 
district court nominees have been targeted for opposition and 
obstruction. That approach is a serious break from the Senate's 
practice of advice and consent. Since 1945, the Judiciary Committee has 
reported more than 2,100 district court nominees to the Senate. Of 
these 2,100 nominees, only six have been reported by party-line votes--
only six total in the last 65 years. Five of those six party-line votes 
have been by Republican Senators against President Obama's highly-
qualified district court nominees. In fact, only 22 of those 2,100 
district court nominees were reported by any kind of split roll call 
vote at all, and eight of those, more than a third, have been by 
Republican Senators choosing to oppose President Obama's nominees. 
President Obama's nominees are being treated differently than those of 
any President, Democratic or Republican, before him.
  Despite his qualifications and bipartisan supporters, Jesse Furman's 
nomination was stalled for more than five months by Senate Republicans. 
When the Majority Leader was able to break through and schedule debate 
and a vote, I saw something else I have not seen until recently. 
Republican Senators who had supported the nomination after studying it 
for months when it was before the Judiciary Committee for a hearing and 
vote, flipped and changed their votes.
  In total, 34 Republican Senators voted against this highly-qualified 
nominee. I am at a loss as to why. It appears that Senators decided to 
ignore Jesse Furman's record and be swayed by mischaracterizations of a 
brief he had written in a religious freedom case or by something he 
wrote as an 18-year old freshman in college. I urge Senators, as I have 
for years, not to listen to the extreme special interests but to make 
their own judgments. I suspect that in this case it was the last-minute 
campaign by narrow special interests groups that accounted for the 
number of negative votes.
  Today the Senate will vote on the confirmation of another highly-
qualified, consensus nominee to the Federal bench. Margo Brodie has 
practiced law for 20 years including working as a Federal prosecutor in 
Brooklyn for the last 12. She has risen from the ranks of Assistant 
U.S. Attorney to Deputy Chief of General Crimes to Deputy Chief of the 
Criminal Division. Ms. Brodie has successfully prosecuted numerous 
cases on matters ranging from violent crimes and drug offenses to white 
collar crimes. She has also led public corruption cases, successfully 
prosecuting criminals who embezzled funds and tried to bribe government 
agencies in her home state of New York.
  Ms. Brodie has the support of both her home state Senators and was 
reported by the Senate Judiciary Committee on October 6, 2011, without 
a single dissent. She has demonstrated her commitment to the rule of 
law, her legal abilities and knowledge of the law. It is past time for 
the Senate to confirm this outstanding African-American woman to the 
Federal bench.
  Margo Brodie is one of 20 judicial nominations approved by the Senate 
Judiciary Committee still awaiting a final vote. Fifteen of these 
nominations have been pending since last year and should have been 
confirmed before the end of last year. Eighteen of these nominees 
received strong bipartisan support from the Senate Judiciary Committee.
  These nominees should be confirmed without further delay. Now in the 
fourth year of President Obama's first term, the number of judicial 
vacancies remains at 85. That is nearly double what they were at this 
point in President Bush's administration. One hundred and thirty 
million Americans live in circuits or districts with a judicial vacancy 
that could be filled if Senate Republicans would vote on judicial 
nominees that have already been voted on by the Senate Judiciary 
Committee and are stalled awaiting final Senate consideration.
  The Senate is more than 40 confirmations behind the pace we set 
confirming President Bush's judicial nominees in 2001 through 2004. For 
the second year in a row, the Senate Republican leadership ignored 
long-established precedent and refused to allow votes before the 
December recess on the nearly 20 consensus judicial nominees who had 
been favorably reported by the Judiciary Committee.
  Ultimately, it is the American people who pay the price for Senate 
Republican's unnecessary and harmful delay in confirming judges to our 
Federal courts. It is unacceptable for hardworking Americans who are 
seeking their day in court to find seats on one in 10 of those courts 
vacant. When an injured plaintiff sues to help cover the cost of 
medical expenses, that plaintiff should not have to wait for years 
before a judge hears his or her case. When two small business owners 
disagree over a contract, they should not have to wait years for a 
court to resolve their dispute.
  I, again, urge Senate Republicans to stop the destructive delays that 
have plagued our nominations process. I urge them to stop the slow-
walking of highly-qualified, consensus nominees. The American people 
deserve no less.

[[Page S1040]]

  Mr. GRASSLEY. Mr. President, today we turn to the nomination of Margo 
Brodie to be U.S. District judge for the Eastern District of New York. 
This will be the 69th judicial nominee of President Obama which the 
Senate has confirmed during this Congress. Overall, more than 70 
percent of President Obama's judicial nominees have been confirmed.
  We continue, on the Senate floor and in the Judiciary Committee, to 
work together to reduce the number of judicial vacancies. We have held 
21 nominations hearings during this Congress, with 80 judicial nominees 
appearing at those hearings. All in all, over 85 percent of President 
Obama's judicial nominees have received a hearing. We will hear from 
additional judicial nominees later this week.
  So even as we continue to hear concerns about the judicial vacancy 
rate and claims of obstructionism, I would note we are making progress 
as we continue to confirm judicial nominees. But let me emphasize again 
that for more than half of the vacancies, including those designated as 
``judicial emergencies,'' the President has failed to submit a 
nomination. So critics need to look at the beginning of the process 
when commenting on vacancies.
  I would like to say a little about our nominee today. Ms. Brodie 
earned a BA from St. Francis College in 1988, and her JD from the 
University of Pennsylvania School of Law in 1991. She began her legal 
career as an assistant corporation counsel for the City of New York in 
1991. In this role, she defended city agencies and officials in the 
performance of their duty to manage municipal affairs.
  In 1994, Ms. Brodie became an associate with Carter, Ledyard & 
Milburn, representing clients in various types of civil litigation.
  Since 1999, Ms. Brodie has served as an assistant U.S. attorney with 
the Eastern District Court of New York. From May 2005 to March 2006, 
she served as a legal advisor to the Independent Corrupt Practices and 
Other Related Offices Commission, ICPC, in Nigeria. From 2006 to 2009, 
she supervised new AUSAs in the General Crimes Section in roles as 
deputy chief and chief. In October 2009, she became the counselor to 
the Criminal Division of the U.S. Attorney's Office. In her current 
position as deputy chief of the Criminal Division, she supervises over 
100 Criminal Division AUSAs in the areas of public corruption, civil 
rights, terrorism, organized crime, gang violence, narcotics 
trafficking, and business and securities fraud. She also advises the 
office on legal policy and management issues.
  Ms. Brodie has received a majority: ``Qualified;'' minority: ``Well 
Qualified'' rating from the American Bar Association's Standing 
Committee on the Federal Judiciary.
  Mr. SCHUMER. Mr. President. I rise today in strong support of the 
historic confirmation of Margo K. Brodie to the United States District 
Court for the Eastern District of New York.
  Frankly, at this point, all of our nominees deserve special 
attention. With one out of 10 seats on the Federal bench still vacant, 
and with 14 nominees with strong bi-partisan support pending since last 
year, we should be focused today on confirming more than one nominee. 
However, Margo Brodie's nomination is of singular importance to my 
fellow New Yorkers, and to this country.
  First--to put it simply her presence is desperately needed on one of 
the busiest benches in the country, one that handles some of our most 
important cases.
  Second, Margo Brodie will be, by all accounts, the first Caribbean-
born nominee in our Nation's history to be confirmed to an Article III 
court.
  As I've said many times, I look for three qualities in judicial 
candidates: excellence, moderation, and diversity. When excellence and 
moderation are both present in a candidate--as they are with Ms. 
Brodie--diversity is a bonus: a bonus that benefits the bench, the 
community, and Americans everywhere who might otherwise think that this 
kind of public service, or even a law degree, was beyond their reach. 
In fact, I think that a candidate like Ms. Brodie is especially well-
qualified for a lifetime appointment to the court.
  She has chosen to make her home in this country, and in the 
neighborhoods served by this court in the Eastern District of New 
York--and she has already graced her community with outstanding and 
dedicated service. In 1996, Ms. Brodie became a citizen of the United 
States in the very court house where she would serve as a judge. I 
can't think of a more fitting candidate to serve the people in 
Brooklyn, Queens, Long Island, and all the communities in between than 
someone who pledged her allegiance to this country just footsteps from 
where she will uphold the rule of law in her chosen country.
  Ms. Brodie's story is a classic immigrant's story--one that is born 
from our country's finest and deepest traditions. It's a story that 
speaks to our acceptance of people from all over the world who want to 
come to the United States to work hard, prosper, and become a part of 
our social fabric.
  Ms. Brodie was born in St. John, Antigua. She and her brother Euan 
were raised by a single mother, with the help of her mother's parents 
and 14 siblings. After graduating from high school at the age of 16, 
she attended St. Francis College in Brooklyn, where she worked full 
time and graduated magna cum laude.
  She went on to the University of Pennsylvania Law School. After 
graduating from law school, Ms. Brodie worked for the New York City Law 
Department for three years, where she learned how to litigate cases. 
She then spent five years at Carter, Ledyard & Milburn, founded in 1854 
and known for alums that include Franklin D. Roosevelt.
  Ms. Brodie returned to public service in 1999 by joining the United 
States Attorney's Office in the Eastern District of New York, one of 
the preeminent U.S. Attorney's offices in the Nation.
  She rose to become Deputy Chief and then Chief of the General Crimes 
Unit, where she trained more than half of the current AUSA's in the 
Eastern District. Since 2010, she has been the deputy chief of the 
Criminal Division, supervising all 100-plus criminal AUSAs in cases 
involving public corruption, civil rights, business and securities 
fraud, terrorism, organized crime, narcotics, and many other areas.
  Ms. Brodie has also lent her considerable talents to training 
prosecutors and law enforcement officers on the rule of law in many 
developing countries. She spent 10 months in Nigeria as a legal advisor 
on behalf of the DOJ's overseas training program, and has conducted and 
assisted in human trafficking training for prosecutors in the Bahamas, 
Jordan, Swaziland, and Tanzania.
  In a short while, Ms. Brodie will be confirmed as a Federal judge--an 
honor she deserves and a position that she has more than earned. I am 
proud to have supported her nomination, and to vote for her today.
  Mr. LEAHY. Mr. President, have the yeas and nays been ordered?
  The PRESIDING OFFICER. They have not.
  Mr. LEAHY. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Margo Kitsy Brodie, of New York, to be United States District Judge 
for the Eastern District of New York.
  The clerk will call the roll.
  The assistant editor of the Daily Digest called the roll.
  Mr. DURBIN. I announce that the Senator from Iowa (Mr. Harkin), the 
Senator from Hawaii (Mr. Inouye), the Senator from Louisiana (Ms. 
Landrieu), the Senator from New Jersey (Mr. Lautenberg), the Senator 
from Missouri (Mrs. McCaskill), and the Senator from Michigan (Ms. 
Stabenow), are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Oklahoma (Mr. Coburn), the Senator from Oklahoma (Mr. Inhofe), the 
Senator from Illinois (Mr. Kirk), the Senator from Arizona (Mr. 
McCain), the Senator from Ohio (Mr. Portman), and the Senator from 
Louisiana (Mr. Vitter).
  The PRESIDING OFFICER (Mrs. Hagan). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 86, nays 2, as follows:

[[Page S1041]]

                       [Rollcall Vote No. 23 Ex.]

                                YEAS--86

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Hatch
     Heller
     Hoeven
     Hutchison
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Klobuchar
     Kohl
     Kyl
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Paul
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     DeMint
     Lee
       

                             NOT VOTING--12

     Coburn
     Harkin
     Inhofe
     Inouye
     Kirk
     Landrieu
     Lautenberg
     McCain
     McCaskill
     Portman
     Stabenow
     Vitter
  The nomination was confirmed.
  The PRESIDING OFFICER (Mrs. Hagan). Under the previous order, a 
motion to reconsider is considered made and laid on the table. The 
President will be immediately notified of the Senate's action.

                          ____________________