[Congressional Record Volume 159, Number 153 (Wednesday, October 30, 2013)]
[Senate]
[Pages S7663-S7666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NOMINATION OF JACOB J. LEW, OF NEW YORK, TO BE UNITED STATES GOVERNOR 
   OF THE INTERNATIONAL MONETARY FUND; UNITED STATES GOVERNOR OF THE 
 INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT; UNITED STATES 
GOVERNOR OF THE INTER-AMERICAN DEVELOPMENT BANK; UNITED STATES GOVERNOR 
        OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

  Mr. DURBIN. Mr. President, I ask unanimous consent that cloture on 
Calendar No. 63 be withdrawn and that the Senate proceed to vote on 
confirmation of the nomination; that the motion to reconsider be made 
and laid upon the table with no intervening action or debate; that no 
further motions be in order; and that the President be immediately 
notified of the Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, the motion to invoke cloture on the Lew 
nomination is withdrawn.
  Is there any further debate? If not, the question is on agreeing to 
the nomination of Jacob J. Lew, of New York, to be United States 
Governor of the International Monetary Fund; United States Governor of 
the International Bank for Reconstruction and Development; United 
States Governor of the Inter-American Development Bank; United States 
Governor of the European Bank for Reconstruction and Development.
  The nomination was confirmed.
  Mr. DURBIN. Mr. President, I ask unanimous consent the cloture vote 
on the Watt nomination occur immediately following the swearing in of 
Senator-elect Booker, of New Jersey, tomorrow, and the Senate proceed 
to legislative session and a period of

[[Page S7664]]

morning business for debate only, with Senators permitted to speak 
therein for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. The Republican leader.


                       Tribute to Senator Chiesa

  Mr. McCONNELL. Mr. President, as we all know, today is Senator 
Chiesa's last day in the Senate.
  And while the Senator has only been here four months, it has been an 
interesting few months to say the least. He has found himself right in 
the middle of everything from the farm bill to the immigration bill, to 
the debate over Syria, to an October I am sure he will not soon forget.
  He has had to work out of a temporary office, complete with vinyl 
siding and plastic chairs. He was here for less than an hour before 
having to take his first vote. He has had to deal with 99 Senators 
pronouncing his name 99 different ways. And one of our colleagues from 
Arizona threatened to quote ``waterboard'' the Senator if he didn't 
support a particular bill. I haven't asked how that situation ended up 
working out, but I see the Senator from New Jersey is still here.
  Bottom line: Senator Chiesa is going to have quite a few stories for 
his family--for his wife Jenny and his kids, Al and Hannah. I know he 
is eager to get back home to see them--and catch up on some Notre Dame 
football--too. Even though he tells us his rank is ``fourth'' out of 
four in the family pecking order.
  Well, that is at least better than 100th out of 100. But Senator 
Chiesa has not let his lack of Senate seniority stand in the way of 
pushing important issues.
  Human trafficking was his focus as Attorney General, and it has been 
his focus here too. He has helped convene committee hearings about it, 
he has raised the issue with administration officials, he has embarked 
on a series of school visits to educate young folks on the issue, and 
he has worked with the Junior Senator from Ohio to advance awareness 
through the Caucus to End Human Trafficking. His determination is 
something we all admire. I know a lot of it comes from his strong 
Catholic faith. Much of it must come from his upbringing too: this is a 
Senator who lost his father and was forced to become the man of the 
house when he was just 8 years old.
  Last year, Senator Chiesa said this:

       If someone had ever said 20 years from now you'd be the 
     attorney general of New Jersey, I would have laughed . . . I 
     didn't think I'd even have met the attorney general by the 
     age of 46.

  Well, he has done more than that. He can add Senator to his resume 
too--a Senator who has made the most of his time here, who has done 
good work, who we have all enjoyed getting to know. So, Senator Chiesa 
can be proud of his service. We thank him for it, and we look forward 
to welcoming our newest colleague from New Jersey.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, before I make these remarks, let me join 
in thanking the Senator from New Jersey. Although his tenure in the 
Senate was brief, he was here during a very exciting and interesting 
time in American political history. We thank him for his service on 
behalf of New Jersey and wish him the very best in his future 
endeavors.
  Mr. DURBIN. Mr. President, the President has nominated three 
extraordinarily well-qualified Americans--appellate lawyer Patricia 
Millett, Georgetown Law professor Nina Pillard and DC District Judge 
Robert Wilkins--to serve on the DC Circuit, the second most important 
court in the Nation. The DC Circuit currently has 8 active judges out 
of 11 authorized judgeships.
  These nominees should be given an up-or-down vote on the Senate 
floor.
  Patricia Millett is the first nominee up for consideration. Ms. 
Millett, who is currently in private practice, is recognized as one of 
the leading appellate lawyers in the country.
  She has argued 32 cases before the Supreme Court and dozens more in 
other appellate courts.
  Ms. Millett served in the Solicitor General's office under both 
Democratic and Republican presidents. Seven former Solicitors General--
including prominent Republicans Paul Clement, Ted Olson and Ken Starr--
sent a letter in support of Ms. Millett saying she ``has a brilliant 
mind, a gift for clear, persuasive writing, and a genuine zeal for the 
rule of law. Equally important, she is unfailingly fair-minded.''
  At her hearing before the Senate Judiciary Committee, no Senator 
questioned Ms. Millett's qualifications or fitness for the Federal 
bench. She is simply an outstanding nominee.
  Let me tell you why I have a personal interest in her nomination.
  Ms. Millett is also a proud daughter of Illinois. She grew up in 
Marine, a small town in the southern part of the State that I know 
well. Her mother was a nurse and her father was a history professor at 
Southern Illinois University--Edwardsville, one of my favorite 
campuses.
  Ms. Millett graduated summa cum laude from the University of Illinois 
and magna cum laude from Harvard Law School. She clerked for two years 
for Judge Thomas Tang on the Ninth Circuit Court of Appeals.
  She is part of a military family. Her husband, Robert King, served in 
the Navy and was deployed as part of Operation Iraqi Freedom.
  Ms. Millett also comes highly recommended by distinguished members of 
the Illinois legal community.
  I received a letter from Patrick Fitzgerald, the former U.S. Attorney 
for the Northern District of Illinois, expressing ``strong support'' 
for Ms. Millett's nomination and urging ``prompt consideration of her 
candidacy on the merits.''
  I also received a letter from 28 prominent attorneys including former 
Illinois Governor James Thompson, a Republican, and current Illinois 
State Bar Association president Paula Holderman.
  They expressed their strong support for Ms. Millett, saying that: she 
embodies the evenhandedness, impartiality, and objectivity required for 
the Federal judiciary, as evidenced by her more than 10 years of 
service in the Solicitor General's office in both the Clinton and Bush 
administrations.
  The bottom line is that Ms. Millett is an outstanding nominee with 
broad support from across the ideological spectrum. There is no 
question that she is well-qualified to serve on the bench, and she will 
serve with distinction.
  I urge my colleagues to give her a chance with an up-or-down vote. 
She does not deserve to have her nomination filibustered. If there is 
anyone who can step forward and question this nominee's qualifications, 
they should do so. They have not to date.
  Some of my Republican colleagues have accused the President of trying 
to ``pack'' the DC Circuit by making nominations to fill the 
outstanding vacancies in that court. This argument is simply not 
credible. Filling vacancies for existing judgeships is not court 
packing. These judgeships are authorized by law, and it is incumbent 
upon the President to nominate qualified candidates to fill them.
  Others across the aisle have argued that the DC Circuit does not have 
a high enough caseload--there are just not enough cases--to justify a 
full complement of 11 judges. I note that these same Republican 
Senators did not make that argument in 2005 when the Senate confirmed 
Janice Rogers Brown and Thomas Griffith to the 10th and 11th judgeships 
on the DC Circuit. When the Senate confirmed the 10th and 11th 
judgeships in the DC Circuit in 2005, they were the choices of the 
Republican side of the aisle, even though these confirmations, which we 
approved, reduced the Court's workload to fewer cases per active judge 
than what we would see if President Obama's nominees were confirmed.
  On April 5, the Judicial Conference of the United States, which is 
led by Chief Justice John Roberts, made its Federal judgeship 
recommendations for the 113th Congress. The Judicial Conference is 
nonpartisan, and according to its letter, its recommendations ``reflect 
the judgeship needs of the Federal judiciary.'' The Judicial Conference 
did not recommend stripping any judgeships from the DC Circuit. So this 
argument on the other side of the aisle finds no support in the non-
partisan Judicial Conference's recommendations.
  My Republican colleagues like to argue about workload statistics when 
it comes to the DC Circuit, but according to the Washington Post fact 
checker Glenn Kessler, who I have come to

[[Page S7665]]

know, ``The voluminous and detailed statistics on the appeals courts 
allows each side to pick and choose the stats that support their 
position.''
  Republicans may claim the DC Circuit's workload is too light, but in 
the Washington Post Mr. Kessler points out that by some metrics, the DC 
Circuit ``could be very well in first place'' when it comes to 
workload.
  I also note that one of my Republican colleagues came to the floor 
today and explained his opposition to Ms. Millett's nomination. In 
doing so he cited a letter that the Senate Judiciary Committee 
Democrats sent in 2006 seeking a hearing postponement on Peter Keisler, 
who was nominated to fill the 11th seat on the DC Circuit. I would like 
to point out that this letter dealt with filling the 11th seat on the 
DC Circuit. Ms. Millett is seeking the 9th seat. I also wish to point 
out that the Senate had already voted to confirm a nominee to be the 
11th judge on the DC Circuit, Thomas Griffith, just 1 year before this 
2006 letter. I voted for Mr. Griffith on the floor.
  The bottom line is that these judicial vacancies currently exist, it 
is the President's job to nominate qualified men and women to fill 
them, and there is no question that the President's nominee for this 
position, Patricia Millett, is one of the most well-qualified persons 
he could have found to fill this important position. No one comes 
forward to criticize her background and her resume because, frankly, it 
is hard to find a nominee with any stronger credentials for the Federal 
bench.
  Let's not play political games with this important nomination, nor 
with people such as Patricia Millett, who have put their names forward, 
have gone through this process, and have waited for us politicians to 
work our will on the floor. She deserves an up-or-down vote.
  I ask unanimous consent to have printed in the Record the letter from 
Illinois lawyers supporting Patricia Millett for the U.S. Circuit Court 
of Appeals for the DC Circuit as well as the letter, dated October 24, 
from former U.S. attorney for the Northern District Patrick Fitzgerald 
of Chicago.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                        Patrick J. Fitzgerald,

                                    Chicago, IL, October 24, 2013.
     Re Patricia Millett.

     Hon. Dick Durbin,
     U.S. Senate, Hart Office Building,
     Washington, DC.
     Hon. Mark Kirk,
     U.S. Senate, Hart Office Building,
     Washington, DC.
       Dear Senators Durbin and Kirk: I write in strong support of 
     the President's nomination of Patricia Millett to the United 
     States Court of Appeals for the District of Columbia, and 
     urge the Senate to promptly confirm her to this position.
       I support the nomination of Patricia Millett because I 
     believe our system of justice will be positively impacted 
     with her as a member of our judiciary. Her career 
     accomplishments as a lawyer are extraordinary. Over the past 
     20 years, Patricia has argued 32 cases before the United 
     States Supreme Court and even more in the federal appeals 
     courts, including the D.C. Circuit. Her cases have spanned 
     the spectrum of legal issues that the D.C. Circuit confronts, 
     including constitutional law, administrative law, civil and 
     criminal procedure, commercial disputes, national security, 
     and civil rights. Importantly, she has represented parties on 
     both sides of those many issues, handling cases for the 
     government at every level (federal, state, and local), 
     private individuals, businesses, employers, employees, civil 
     rights plaintiffs, prosecutors and criminal defendants. 
     Patricia is a lawyer's lawyer who is committed to the rule of 
     law and stare decisis. She embodies the evenhandedness, 
     impartiality and objectivity required for the federal 
     judiciary, as evidenced by her more than 10 years of service 
     in the Solicitor General's office in both the Clinton and 
     Bush Administrations.
       Patricia grew up downstate in the small farm town of 
     Marine. Her father was a history professor at Southern 
     Illinois University--Edwardsville and her mother was a 
     registered nurse and hospice practitioner. Patricia graduated 
     summa cum laude from the Univeristy of Illinois with Highest 
     Distriction in political science, before going on to the 
     Harvard Law School. The country would be well served to have 
     someone with her tremendous qualifications--and deep ties to 
     our state--hold such an important judicial appointment.
       I would urge a prompt consideration of her candidacy on the 
     merits.
           Sincerely,
     Patrick J. Fitzgerald.
                                  ____


  Illinois Lawyers Supporting Patricia Millett for the United States 
                 Court of Appeals for the D.C. Circuit

                                               September 27, 2013.
     Hon. Dick Durbin,
     U.S. Senate Hart Office Building,
     Washington, DC.
     Hon. Mark Kirk,
     U.S. Senate Hart Office Building,
     Washington, DC.
       Dear Senators Durbin and Kirk: We write in strong support 
     of the President's nomination of Patricia Millett to the 
     United States Court of Appeals for the District of Columbia, 
     and urge the Senate to promptly confirm her to this position. 
     As lawyers here in Illinois, we care deeply about the rule of 
     law and the quality of our system of justice. We strongly 
     believe that stellar nominees with broad bipartisan support, 
     like Patricia, should be quickly confirmed to ensure our 
     justice system works effectively and efficiently. We feel 
     even more strongly about that knowing that Patricia is an 
     lllinois native.
       We support the nomination of Patricia Millett because we 
     believe our system of justice will be positively impacted 
     with her as a member of our judiciary. Her career 
     accomplishments as a lawyer are extraordinary. Over the past 
     20 years, Patricia has argued 32 cases before the United 
     States Supreme Court and even more in the federal appeals 
     courts, including the D.C. Circuit. Her cases have spanned 
     the spectrum of legal issues that the D.C. Circuit confronts, 
     including constitutional law, administrative law, civil and 
     criminal procedure, commercial disputes, national security, 
     and civil rights. Importantly, she has represented parties on 
     both sides of those many issues, handling cases for the 
     government at every level (federal, state, and local), 
     private individuals, businesses, employers, employees, civil 
     rights plaintiffs, prosecutors, and criminal defendants. 
     Patricia is a lawyer's lawyer who is committed to the rule of 
     law and stare decisis. She embodies the evenhandedness, 
     impartiality, and objectivity required for the federal 
     judiciary, as evidenced by her more than 10 years of service 
     in the Solicitor General's office in both the Clinton and 
     Bush Administrations.
       Patricia grew up downstate in the small farm town of 
     Marine. Her father was a history professor at Southern 
     Illinois University--Edwardsville and her mother was a 
     registered nurse and hospice practitioner. Patricia graduated 
     summa cum laude from the Univiery of Illinois with Highest 
     Distinction in political science, before going on to Harvard 
     Law School. We would be extremely proud to have someone with 
     tremendous qualifications--and deep ties to our state--hold 
     such an important judicial appointment.
       We believe it is critically important that the country rise 
     above partisan politics when it comes to judicial 
     appointments. Such unwarranted politicization can become a 
     threat to the citizens' trust in the integrity of our great 
     judicial process. We, and the citizens of Illinois, are 
     counting on you and the U.S. Senate to do the right thing by 
     putting aside partisan politics and supporting Patricia's 
     nomination.
           Sincerely,
         Sergio Acosta, Hinshaw & Culbertson LLP; Sean M. 
           Berkowitz, Latham & Watkins; Robert L. Byman, Jenner & 
           Block; Vincent J. Connelly, Mayer Brown; Tyrone C. 
           Fahner, Mayer Brown; John N. Gallo, Sidley Austin LLP; 
           Paula H. Holderman, Winston & Strawn LLP; Donald G. 
           Kempf, Jr., Donald G. Kempf, Jr., P.C.; Steven F. Molo, 
           MoloLamken LLP; C. Barry Montgomery, Williams 
           Montgomery & John; Manuel Sanchez, Sanchez Daniels & 
           Hoffman LLP; Jeffrey Stone, McDermott Will & Emery LLP; 
           James R. Thompson, Winston & Strawn LLP; Christopher B. 
           Wilson, Perkins Coie.
         Julie A. Bauer, Winston & Strawn LLP; Joel D. Bertocchi, 
           Hinshaw & Culbertson LLP; Linda T. Coberly, Winston & 
           Strawn LLP; J. Timothy Eaton, Shefsky & Froelich; James 
           R. Figliulo, Figliulo & Silverman, P.C.; Rodger A. 
           Heaton, Hinshaw & Culbertson LLP; James I. Kaplan, 
           Quarles & Brady LLP; Michael H. King, Edwards Wildman; 
           James S. Montana, Jr., Vedder Price; Lynn H. Murray, 
           Grippo & Elden; Suzanne Saxman, Seyfarth Shaw LLP; 
           Thomas P. Sullivan, Jenner & Block; Ann C. Tighe, 
           Cotsirilos Tighe & Streicker; Alison Siegler, 
           University of Chicago Law School.

  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mrs. SHAHEEN. Mr. President, I rise to join my colleague Senator 
Durbin from Illinois in support of Patricia Millett's nomination to the 
DC Circuit Court of Appeals. As he said so eloquently, Ms. Millett has 
broad bipartisan support, extensive public and private sector 
litigation experience, and she would make an outstanding addition to 
the DC Circuit Court of Appeals. After graduating with honors from the 
University of Illinois and Harvard Law School, Ms. Millett clerked at 
the Ninth Circuit Court of Appeals. She then spent 15 years at the 
Department of Justice, including 11 years as assistant to the Solicitor 
General in

[[Page S7666]]

both Republican and Democratic administrations. Again, I think it is 
important to point out she has support on both sides of the aisle.
  Ms. Millett has argued 32 cases before the Supreme Court as well as 
dozens of others at the circuit court level, and she currently manages 
her law firm's Supreme Court and national appellate practice.
  She was unanimously rated ``well qualified'' by the American Bar 
Association's Standing Committee on the Federal Judiciary, and that is 
their highest rating.
  In addition to her professional work, Ms. Millett is very active in 
her community. She has been a literacy tutor for over 20 years, and 
through her church she volunteers at homeless shelters.
  Ms. Millett has strong support across the political spectrum. Again, 
as Senator Durbin pointed out, she has been endorsed by seven former 
Solicitors General of the United States, three former Republican 
attorneys general, law enforcement groups, and civil rights groups. She 
also has tremendous support from retired members of the military and 
groups representing military families.
  In addition to being a highly qualified nominee, Ms. Millett will 
fill one of three current vacancies on the 11-member DC Circuit Court. 
Again, as Senator Durbin pointed out, the DC Circuit is considered the 
second-most important court in our Nation. It is critical that it be 
fully staffed with qualified judges. The court handles important 
terrorism and detention cases, it hears a large volume of complex 
issues involving administrative actions of the Federal Government. The 
DC Circuit is also considered the most important civilian court for 
members of the Armed Services and veterans.
  Former DC Circuit Chief Judge Patricia Wald noted ``the DC Circuit 
hears the most complex, time-consuming, labyrinthine disputes over 
regulations with the greatest impact on ordinary Americans' lives: 
clean air and water regulations, nuclear plant safety, health care 
reform issues, insider trading and more.''
  The Senate should have the opportunity to vote up or down on all of 
President Obama's nominees to this important court. It is way past time 
we took action on this nomination.
  I urge my colleagues to support the Millett nomination.
  I yield the floor.
  Mr. KING. Mr. President, I wish to discuss the nomination of Patricia 
Millett to be a judge on the D.C. Circuit Court of Appeals. Pattie, as 
she is known, is clearly well qualified. She has received support from 
Attorneys General appointed by Republican Presidents, and from 
conservative Solicitors General such as Ken Starr, Theodore Olson, and 
Paul Clement. Her resume is stellar, her qualifications unquestioned, 
and her support broad.
  Although Senator Dick Durbin claims she is an ``Illinois native'' in 
a letter of support to President Obama--and Senator Tim Kaine, in his 
own letter of support to the President claims her as living in 
Virginia--she is actually a daughter of the State of Maine. Her mother 
grew up in the small town of Dexter, where Pattie went to school 
through high school. She also attended school in Bangor, and for a 
time, even worked at Eastern Maine General Hospital as it was then 
known. She truly comes from good Maine stock.
  Millett also juggles an extremely full life while excelling at most 
everything she tries. The wife of a veteran, Pattie herself holds a 
black belt in taekwondo--a pastime that she took up in order to spend 
more time with her kids. She is also very engaged with her community 
and volunteers at local homeless shelters. And when her husband was 
deployed to Iraq, she singlehandedly took care of their kids and 
managed to continue with her incredible career. She does all of these 
things while preparing for and arguing cases before the United States 
Supreme Court. In fact, she has argued more cases than any other 
woman--over 30 cases to date.
  I am pleased to fully support the confirmation of Patricia Millett, a 
true daughter of Maine, to serve on the D.C. Circuit Court of Appeals.

                          ____________________