[Congressional Record Volume 159, Number 182 (Friday, December 20, 2013)]
[Senate]
[Pages S9072-S9080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Brian J. Davis
Mr. GRASSLEY. Madam President, today we consider the nomination of
Brian Davis to be a District Court Judge for the Middle District of
Florida. I will vote for him today (although there has been some
controversy surrounding his nomination). I wish to take a minute to
discuss the nomination.
Judge Davis made a number of controversial remarks a few years ago.
During his hearing last Congress, Judge Davis was asked to provide some
clarification regarding those comments. After carefully reviewing his
answers from the hearing, many of us concluded that they didn't provide
the clarity that we had hoped he would provide. For that reason,
following his hearing, I asked Judge Davis some follow-up questions for
the Record, hoping to get the clarity, in writing, that I didn't hear
him provide during his hearing.
Unfortunately, after reviewing his written answers, I concluded that
Judge Davis didn't fully appreciate why many found his comments so
troubling. For instance, when I asked him about these statements he
wrote that a ``number of my statements could be misunderstood'', but he
neither apologized for them nor said anything to demonstrate that he
fully appreciated why his comments were so problematic.
As a result, in the last Congress I reluctantly opposed his
nomination.
Judge Davis, of course, was renominated this Congress. On September
12th, he submitted a letter to the Florida Senators.
In that letter, Judge Davis apologized for his comments--without
qualification.
He wrote, ``I believe that several of the statements I made in the
past were inappropriate and improper.'' He went on to write, ``I
apologize for any inappropriate statements and deeply recognize the
harm that they could cause if they gave the misimpression that I am
anything other than impartial or that I maintain any bias or
prejudice.''
As I wrote to Judge Davis in a follow-up letter on September 25th,
unlike the last Congress, I believe the apology Judge Davis transmitted
on September 12 for those comments was without qualification.
Therefore, in my view, it demonstrated both courage and humility.
In my letter to Judge Davis, I asked him simply to confirm that he
was apologizing for his comments regarding Dr. Henry Foster, Dr.
Joycelyn Elders, and Justice Thomas.
In a follow-up letter he wrote to me on September 26, he confirmed
those were the ``inappropriate comments'' he referenced in his letter
to the Florida Senators.
I ask consent that both my letter to Judge Davis, and his response,
be made part of the Record.
I have given this nomination a great deal of consideration. I believe
Judge Davis has taken steps this Congress that, in my view, he didn't
appear willing to take last Congress. Taking this into consideration,
together with the fact that he enjoys the support of his home State
Senators, I am willing to give Judge Davis the benefit of the doubt and
will support his nomination today.
I yield the floor.
Washington, DC, September 25, 2013.
Judge Brian J. Davis,
Nassau County Courthouse,
Fernandina Beach, FL.
Dear Judge Davis: I write to follow up on your September
12th letter to Senators Nelson and Rubio, copying me and
Chairman Leahy, regarding concerns with your record Members
of the Senate Judiciary Committee, including me, raised last
Congress.
As you alluded in your letter, during your hearing last
Congress, Senator Lee asked you a number of questions
regarding various remarks and speeches you made throughout
your career. After carefully reviewing the answers you gave
during the hearing, I concluded your responses lacked the
breadth and clarity I had hoped you would provide when
afforded the opportunity. For instance, you conceded that
some comments were ``inappropriate,'' but then stated ``they
were inappropriate for the reason that an impression could be
gotten from them that somehow the court maintained a racial
prejudice.'' That response troubled me because it did not
appear to fully recognize the reason some find those comments
concerning. Specifically, the comments appeared quite plainly
to assign a racial motivation to those who opposed particular
nominees on purely policy grounds.
Consequently, following your hearing I sent you a number of
follow up questions for the record. Again, I was hopeful to
receive some clarity regarding those comments. But after
carefully reviewing your responses, I reluctantly reached the
conclusion that you still did not fully appreciate why some
viewed your comments as inappropriate. For instance, I asked
about your comments regarding President Clinton's nomination
of Dr. Henry Foster's nomination to be surgeon general. But
rather than concede what appears to be apparent by the words
you used, you answered instead that the comments were
inappropriate because they ``could be interpreted'' in a
particular way, and therefore that you lacked impartiality.
In my view, your answers to several other questions lacked
clarity in a similar fashion. For these reasons, among
several others, reluctantly I opposed your nomination last
Congress.
With this background, I received your letter of September
12th, 2013. In your letter you wrote, without qualification,
``I believe that several of the statements I made in the past
were inappropriate and improper.'' You went on to write, ``I
apologize for any inappropriate statements and deeply
recognize the harm that they could cause if they gave the
misimpression that I am anything other than impartial or that
I maintain any bias or prejudice.'' I note that these two
statements represent a step that you did not appear willing
to take last Congress. In my view, this demonstrates both
courage and humility. Thank you for that letter.
As your nomination is now again pending before the
Committee, I write to seek one further clarification. As I
noted, you wrote in your recent letter that you apologize for
``any inappropriate statements,'' but you did not specify the
statements to which you referred. I want to confirm that you
are referring to your comments regarding Dr. Henry
[[Page S9080]]
Foster, Dr. Joycelyn Elders, and Justice Thomas.
Thank you in advance for your prompt reply.
Sincerely.
Charles E. Grassley,
Ranking Member,
U.S. Senate Committee on the Judiciary.
____
Circuit Court,
Fourth Judicial
Circuit of Florida,
Fernandina Beach, FL, September 26, 2013.
Senator Charles E. Grassley,
Ranking Member, U.S. Senate Committee on the Judiciary,
Washington, DC.
Dear Senator Grassley: Thank you for your letter of
September 25, 2013, and the opportunity to further clarify my
views.
I understand your concerns, and please know that my
appreciation of the inappropriateness of statements I have
made in speeches include those referenced in your letter
regarding Dr. Foster, Dr. Elders and Justice Thomas.
Thank you for your continued consideration of my
nomination.
Sincerely,
Brian J. Davis.