[Congressional Record Volume 160, Number 37 (Wednesday, March 5, 2014)]
[Senate]
[Pages S1285-S1288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 2014--MOTION TO PROCEED--
                                Resumed

  Mr. REID. Mr. President, I move to proceed to Calendar No. 309, the 
Child Care and Development Block Grant Act.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1086) to reauthorize and improve the Child Care 
     and Development Block Grant Act of 1990, and for other 
     purposes.


                                Schedule

  Mr. REID. Mr. President, because of the inclement weather we have had 
to rearrange things. Senator McConnell and I have been directing our 
staffs to help us get through what we need to do. We should be able to 
finish this week's work tomorrow, but that is not assured. So we are 
going to be working throughout the day to move forward as quickly as we 
can. Everyone should be aware that we could have some votes into the 
evening tonight and tomorrow. We may have to be here on Friday.
  Following my remarks and those of the Republican leader, the Senate 
will proceed to executive session with the time until 11:45 equally 
divided and controlled. At 11:45 there will be up to three rollcall 
votes. We expect to recess following those votes to allow for the 
weekly caucus meetings and work through the remaining nominations this 
afternoon. Senators will be notified when the votes are scheduled.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Markey). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Recognition of the Minority Leader

  The PRESIDING OFFICER: The Republican leader is recognized.


                          Adegbile Nomination

  Mr. McCONNELL. Mr. President, the Department of Justice and this 
administration have too often put politics ahead of the law. The record 
of the nominee before us to head the Civil Rights Division strongly 
indicates that if he were confirmed, the politicization of the Justice 
Department would increase even further. He has a long record of 
leftwing advocacy marked by ideologically driven positions and very 
poor judgment.
  In the District of Columbia v. Heller he argued in the Supreme Court 
that it would be ``radical'' to recognize ``an individual right to keep 
and bear arms.'' In fact, before the Supreme Court he repeatedly 
described the principle of individual liberty protected by the Second 
Amendment as a ``radical'' proposition. It was the position advocated 
by the nominee, however, that the Supreme Court rule was woefully at 
odds with the Constitution and individual liberty.
  He also called the requirement to present identification before 
voting a ``modern poll tax.'' Americans strongly support this basic 
safeguard for the integrity of our elections. It has been endorsed by 
liberal Democrats such as President Carter. Not surprisingly, in 
Crawford v. Marion County the Supreme Court rejected the nominee's 
views on that subject as well.
  In Hosanna-Tabor v. EEOC he took the position in the Supreme Court 
that a church did not have the First Amendment right to hire or fire 
individuals who were responsible for conveying the church's message and 
implementing its mission. The position the nominee advocated would 
greatly infringe on the free exercise of rights of religious 
institutions. The Supreme Court rejected his views there too, this time 
9 to 0.
  But it is his advocacy on behalf of the Nation's most notorious cop 
killer that most calls into question his fitness for the powerful 
government position he seeks. Back in December of 1981, 25-year-old 
officer Daniel Faulkner was conducting a routine traffic stop when 
Wesley Cook, also known as Mumia Abu-Jamal, shot him in the back. He 
then stood over Officer Faulkner and shot him several more times in the 
chest. As Officer Faulkner laid dying in the streets defenseless, Abu-
Jamal shot him in the face, killing him. At the hospital Abu-Jamal 
bragged that he had shot Officer Faulkner and expressed his hope that 
he would die.

[[Page S1286]]

  At trial he was remorseless. He turned the trial into political 
theater, interrupting the proceedings, insulting the judge, and even 
smirking at Officer Faulkner's widow when the blood-stained shirt was 
held up in court as evidence. Four eyewitnesses saw Abu-Jamal gun down 
Officer Faulkner--four eyewitnesses. Three more witnesses at the 
hospital heard him confess to the crime. Ballistics evidence proved 
that Officer Faulkner had been shot with a handgun that was registered 
to Abu-Jamal, which was found at the scene of the murder, along with 
the shell casings.
  Based on this overwhelming evidence, Abu-Jamal was tried, convicted, 
and sentenced to death. What followed was a 30-year effort by the far 
left to glorify Abu-Jamal and to exonerate him. This effort was taken 
up by law professors, leftwing activists, and in 2009 by the 
organization which the nominee before us led for several years, the 
NAACP Legal Defense Fund.
  When the Legal Defense Fund became Abu-Jamal's cocounsel in 2011, its 
press release called him a ``symbol'' of ``racial injustice.'' It said: 
``Abu-Jamal's conviction and death sentence are relics of a time and 
place that was notorious for police abuse and racial discrimination.'' 
An LDF lawyer attended rallies for Abu-Jamal. She said it was 
absolutely an ``honor'' to represent him and that doing so was her 
``pleasure.'' She said: ``There is no question in the mind of anyone at 
the Legal Defense Fund that the justice system has completely and 
utterly failed Mumia Abu-Jamal.'' This demagoguery of the murder of a 
defenseless police officer has shocked and offended law enforcement 
officers from across the country. Current District Attorney of 
Philadelphia Seth Williams wrote the Judiciary Committee last month to 
oppose this nominee's confirmation. Here is what he had to say:

       Apart from being patently false, moreover, these claims are 
     personally insulting to me. As an African-American, I know 
     all too well the grievous consequences of racial 
     discrimination and prejudice. I also know that Abu-Jamal was 
     convicted and sentenced because of the evidence, not because 
     of his race. And I have continued to fight for the jury's 
     verdict because it was the just result.

  District Attorney Williams notes that, given all the cases in which 
the Legal Defense Fund could be involved, it was ``telling'' that the 
nominee would go out of his way to inject himself and his organization 
into this one. ``His decision to champion the cause of an extremist 
cop-killer . . . sends a message of contempt to police officers.''
  The national Fraternal Order of Police wrote President Obama to 
express its ``vehement opposition to the nomination.'' The FOP wrote 
that ``as word of this nomination spreads through the law enforcement 
community, reactions range from anger to incredulity,'' and that it 
``can be interpreted in only one way: It is a thumb in the eye of our 
nation's law enforcement officers.''
  The Kentucky Narcotics Officers' Association wrote me a powerful 
letter in opposition to the nomination as well. In it they note: ``The 
thought that [the nominee] would be rewarded, in part, for the work he 
did for Officer Faulkner's killer is revolting.''
  The nominee has acknowledged that as the director of litigation for 
the Legal Defense Fund, he ``supervised [its' entire legal staff.'' 
According to LDF's own Web site, the director is responsible for 
coordinating ``the selection of cases'' the LDF chooses to get involved 
in. He manages ``all aspects of the legal docket.'' He oversees ``all 
aspects of discovery, motion practice, briefs, trials, appellate work 
and amicus briefing.''
  As director of litigation he is responsible for advocacy both in the 
courts of law and in the court of public opinion.
  Let me repeat. He is responsible for advocacy both in the courts of 
law and in the court of public opinion. As the head of the Civil Rights 
Division, the nominee now would be responsible for fulfilling the 
Division's mission of upholding the civil and constitutional rights of 
all individuals. He would have powerful resources at his disposal as 
well as the discretion to determine how and on whose behalf to use 
them.
  As the junior Senator from Pennsylvania has noted, the head of the 
Civil Rights Division must have an absolute commitment to truth and 
justice. My friend from Pennsylvania goes on to observe that, while 
there are many highly qualified Americans who could carry out this 
critical mission, the nominee's record creates serious doubts that he 
is one of them.
  I might point out that the senior Senator from Pennsylvania also 
opposes this nominee. So I could not say it any better. Everyone 
deserves a fair trial and a zealous legal defense. Lawyers are not 
personally responsible for the actions of their clients. But lawyers 
are responsible for their own actions. In this case the nominee 
inserted his office in an effort to turn reality on its head, impugn 
honorable and selfless law enforcement officers, and glorify an 
unrepentant cop killer.
  This is not required by our legal system. On the contrary, it is 
noxious to it. I therefore will oppose the nomination and strongly urge 
my colleagues to do so as well.
  Finally, I would like to note the manner in which this nomination may 
come to an up-or-down vote. Last fall the majority chose to break the 
rules of the Senate in order to change the rules of the Senate. In so 
doing, they violated the right of the minority under the rules to 
require extended debate on controversial nominees to powerful Federal 
positions. This serious breach of the rules is an ongoing violation. It 
is highlighted again today by the majority's effort to muscle through 
the current nominee under a procedure they came up with in the majority 
leader's conference room, not through the rules committee and regular 
order as was promised.
  Members of the majority who voted for this heavyhanded procedure last 
fall will be responsible for the nominee's confirmation today--if that 
occurs--regardless of how they vote on the nomination itself. And they 
should not be heard to complain that the nomination process is not as 
productive as it was only a few months ago--before they threw caution 
to the wind and violated our rights under the Standing Rules of the 
Senate.


                                Ukraine

  Mr. President, last week's military intervention by Russian forces 
into Crimea makes it clear that President Putin is determined to 
maintain the Russian sphere of influence there--and at a cost to his 
country. That is why Washington and its allies will now be of such 
critical importance in Ukraine.
  According to the Budapest agreement, Russia has an obligation to 
respect the sovereignty of its neighbor, and the West should stand 
united in holding President Putin to that agreement.
  The United States, NATO, and the EU should also work together to 
support the interim government in Kiev by supporting free and fair 
elections. And Members of Congress are already discussing loan 
guarantees and additional sanctions against Russia.
  But if there is one thing Russia's military intervention into Crimea 
also makes absolutely clear, despite the best hopes of some, it is 
this: The foundation of the international system is governed by force, 
capability, and interest. Let me say that again. The foundation of the 
international system is governed by force, capability, and interest. 
That is the reality by which we should be guided in approaching this 
conflict, and it is a reality by which we should be guided when it 
comes to American power more generally.
  As I have argued before, this President has eroded American 
credibility in the world:

       [It starts] with the arbitrary deadlines for military 
     withdrawal . . . and the triumph and declaration that 
     Guantanamo would be closed within a year, without any plan 
     for what to do with its detainees. . . . there were the 
     executive orders that ended the Central Intelligence Agency's 
     detention and interrogation programs . . .
       We all saw the so-called reset with Russia, and how the 
     President's stated commitment to a world without nuclear 
     weapons led him to hastily sign an arms treaty with Russia 
     that did nothing to substantially reduce its stockpile, or 
     its tactical nuclear weapons.
       We saw the President announce a strategic pivot to the 
     Asia-Pacific, without any real plan to fund it, and an effort 
     to end the capture, interrogation, and detention of 
     terrorists, as well as the return of the old idea that 
     terrorism should be treated as a law enforcement matter.
       After a decade-long counterinsurgency in Afghanistan, we've 
     seen the President's failure to invest in the kind of 
     strategic modernization that's needed to make his pivot into 
     Asia meaningful.
       Specifically, his failure to make the kind of investments 
     that are needed to maintain our dominance in the Asia Pacific 
     theater, in the kind of naval, air, and Marine Corps

[[Page S1287]]

     forces that we'll need there in the years ahead, could have 
     tragic consequences down the road.

  Let's be clear. Whether it is recent reports suggesting the Obama 
administration knew for years about potential Russian violations of the 
treaty that regulates medium-range missiles or whether it is Russia's 
refusal to negotiate a reduction in tactical nuclear weapons, its 
shipment of arms to the Syrian Government, or its invasion of Crimea, 
we can now put to rest for good any notion that the relationship with 
Russia has been reset.
  President Putin sees himself as the authoritarian ruler of a great 
power--and one who is determined to preserve his regime. That is how we 
should understand him.
  In invading Crimea he clearly concluded that protecting Russia's 
sphere of influence there was worth the risk of Russian lives and of 
any response on the part of the United States and Europe. We and our 
allies pay a price when our capabilities diminish. That is why I have 
continually advocated for investments in the modernization of our 
forces, for marrying our commitments to our capabilities, and for a 
recognition that receding from the world comes with consequences--
mainly bad ones.
  We remain a member of NATO and have treaty commitments to our fellow 
members. We also know that in Asia, China has pursued a policy of 
coercing its neighbors and exploiting territorial disputes. American 
military might is the backbone of the international order, but when we 
diminish our capabilities, we must understand that regional powers will 
fill the void.
  Our President is still the leader of the free world. We will support 
him however we can to ensure a satisfactory outcome for the Ukrainian 
people and to prevent this conflict from escalating into a wider war. 
Ukrainians deserve our support. But this is a moment when President 
Obama is going to have to lead.


                       Honoring our Armed Forces

                  Chief Petty Officer Collin T. Thomas

  Mr. President, I rise to speak in tribute to a brave Kentuckian who 
has given his life in service to his country. CPO Collin T. Thomas, a 
highly distinguished and decorated Navy SEAL, was killed in his final 
mission on August 18, 2010, in eastern Afghanistan in direct combat 
with the enemy. In his final act, he killed a Taliban fighter who had 
shot him and other members of his team, thus saving his teammates. For 
these acts of valor, he received the Silver Star Medal. He was 33 years 
old.
  Chief Petty Officer Thomas held a rating of chief special warfare 
operator, was a Navy SEAL for 10 years, and served in the Navy for 13. 
In that time he received many awards, medals, and decorations, 
including the Silver Star Medal for the actions I have described, three 
Bronze Star Medals with combat ``V'' distinguishing device, a Purple 
Heart, the Defense Meritorious Service Medal, two Joint Service 
Commendation Medals with combat ``V'' distinguishing device, a Navy and 
Marine Corps Commendation Medal, six Marine Corps and Navy Achievement 
Medals, two Combat Action Ribbons, four Good Conduct Medals, the 
National Defense Service Medal, Afghanistan Campaign Medals with two 
campaign stars, the Iraq Campaign Medal, Marksmanship Medals with 
``expert'' service device for both rifle and pistol, and a multitude of 
personal, unit and campaign awards.
  On September 11, 2001, Collin Thomas's cousin, Navy weatherman AG1 
Edward Earhart, was the first identified military casualty of the 
terrorist attack that struck the Pentagon. Sadly, this was not the 
first time terrorism had directly struck Collin's family. His uncle, 
Maj. John Macroglou, was the senior marine killed in the Beirut 
barracks bombing in 1983.
  Then a Navy SEAL for a little over 1 year, Collin vowed to his family 
to make amends for the death of his uncle and his cousin. Collin's 
father Clayton says:

       When asked by his grandfather why he continued to be a 
     SEAL, Collin would say that he was going to be the one to 
     capture or kill bin Laden.

  Collin was born in San Diego, and by high school he had lived in 
seven States and two countries. But he always considered himself a 
Kentuckian.
  After his father's retirement from the U.S. Marine Corps, the Thomas 
family settled in Morehead, where Collin attended Rowan County Senior 
High School. He ran track and played varsity football. Collin enjoyed 
camping and hunting. He liked to shoot and was good at it. His 
grandmother would prepare squirrel gravy from the spoils of Collin's 
hunting expeditions reluctantly because as much as she wanted to 
celebrate her grandson's marksmanship, squirrel was not a favored 
delicacy in her household.
  A story from Collin's high school years demonstrates that the 
motivation to help others that was the driving force behind his Navy 
SEAL career was present at a young age. At age 14 Collin stood up for 
some younger children to bullies on the schoolbus. ``He didn't even 
know these children, but he knew they were being bullied and denied a 
bus seat by bigger and older children,'' Clayton remembers. He ``gave 
them his seat and told the bullies they would have to answer to him if 
he ever saw them bullying these or any other children again. . . . The 
character and sense of fairness he demonstrated taking on bullies he 
did not know to protect others would be repeated throughout his life.''
  Collin was very driven and focused from a young age on his life's 
goal--becoming a Navy SEAL. He began his unofficial training at age 15 
after talking with a Navy master chief at the Naval Academy, who gave 
him an idea of the physical, academic, and psychological training 
Collin would need to undergo to follow his dream. By the time he 
received his driver's license, Collin had also completed his SCUBA open 
water dive certification.
  Collin graduated from high school in 1995, and at Morehead State 
University he took every ROTC class available. The summer after his 
first year of college, Collin was selected for basic airborne training 
by his ROTC commander. He met many Active-Duty Navy SEALs there and 
came away convinced he was ready.
  Collin enlisted in the Navy on February 20, 1997, and his oath was 
administered by his father Clayton, a retired marine lieutenant 
colonel.
  Collin completed basic training, was an honor graduate at the 
hospital corpsman school, and trained in basic underwater demolition. 
He was then assigned to a SEAL team to develop his skills as a special 
warfare operator. He became a SEAL on June 9, 2000, and was sent on his 
first deployment to South America.
  Chief Petty Officer Thomas was a highly skilled and capable SEAL, and 
his constant training took him around the world. He became certified as 
a paramedic and a lead climber, able to scale near-vertical cliffs. He 
was a master parachutist specializing in nighttime high-altitude 
operations. He mastered underwater diving and was able to stay 
underwater for over 4 hours. He won inter-unit shooting competitions 
with both longbarrelled and shortbarrelled weapons. He excelled in snow 
skiing and skied the most difficult airdrop courses in South America, 
Europe, and America.
  In April 2010 Collin achieved a lifetime goal when he and two of his 
SEAL teammates climbed Mount Kilimanjaro in Tanzania, the highest 
freestanding mountain in the world at 19,341 feet above sea level. They 
made most of the climb in speedy time. Near the summit, however, Collin 
encountered two women from California who were ill from altitude 
sickness. Against his guide's advice, Collin stopped to give them 
medical attention, delaying his final ascent. Collin's father recalled, 
``Somehow, one of the women found out that Collin had been killed, and 
she sent a letter telling the family how kind he was to them, and she 
felt he had saved their lives.'' Once again, the same young man who had 
stood up to bullies on a schoolbus had set his own interests aside to 
save others.
  Collin was buried with full military honors at Forest Lawn Memorial 
Gardens in Rowan County, KY.
  We are thinking of his loved ones today, including his parents 
Clayton and Paul; his sister Meghan; his fiancee Sarah Saunders, and 
many other beloved family members and friends.
  To his father Clayton I say ``Semper fidelis''--your son was always 
faithful.
  One of Collin's senior officers, engaged in many highly sensitive and 
consequential missions, was unable to give his name for attribution on 
the Senate floor. However, he was able to

[[Page S1288]]

say these words about Collin, which I will share with all of you. This 
unnamed officer said:

       Collin Thomas was a brave American patriot and an 
     incredibly gifted Navy SEAL. His tireless professionalism, 
     inspiring passion for life, and humble demeanor made him a 
     role model for all who knew him. We are deeply saddened by 
     this tremendous loss of a brother in arms.

  I know my colleagues share these sentiments, and we mourn the loss of 
CPO Collin T. Thomas. We extend our deepest condolences to his family. 
No words spoken in this Chamber can take away the sadness and loss 
Collin's family must feel, but I do want them to know this Nation and 
this Senate are deeply grateful for CPO Collin T. Thomas's service and 
sacrifice. We are humbled to pay tribute to his life and legacy.
  I yield the floor.

                          ____________________