[Congressional Record Volume 160, Number 37 (Wednesday, March 5, 2014)]
[Senate]
[Pages S1305-S1306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          ADEGBILE NOMINATION

  Mr. HARKIN. Earlier today a vote was taken in the Senate that, to 
this Senator, marked about the lowest point that I think this Senate 
has descended in my 30 years here. I don't say that lightly. I was in 
Congress during the impeachment process trial for President Clinton. I 
thought that was a low, but it didn't compare to what happened today.
  The vote on Debo Adegbile to be Assistant Attorney General for the 
Civil Rights Division at the Department of Justice sent a strong 
message. This is the message we sent today and, young people, listen 
up.
  If you are a young White person working for a law firm and have a 
chance to defend someone who has done something wrong--even a heinous 
crime--my advice from what happened today is you should feel free to go 
ahead and do your job as a lawyer. Who knows? You might wind up as the 
Chief Justice of the U.S. Supreme Court one day.
  However, if you are a young Black person working on civil rights 
issues at the NAACP legal defense fund and you--under your obligations 
as an attorney--are called upon to handle an appeal for someone who 
committed a heinous crime, the message sent today is you're putting 
your career on the line.
  If you fulfill your duty as a lawyer, you will be denied by the 
Senate from being an assistant attorney general in the U.S. Department 
of Justice. We have a double standard, a terrible double standard.
  While in private practice, the Chief Justice of the Supreme Court 
defended a mass murderer in Florida who committed eight murders. He is 
the Chief Justice of the Supreme Court. Did we hear one peep from the 
Republican side? I didn't hear anyone on this Senate floor at that time 
raising it as any issue at all for his qualifications to be a judge on 
the appeals court or to be the Chief Justice of the Supreme Court, and 
rightfully so. It should have never been an issue. He was fulfilling 
his legal obligations and his moral duty as a lawyer.
  Debo Adegbile, working as an attorney for the NAACP legal defense 
fund, did nothing different. He was only asked to work on an appeal. 
And because of that, and only because of that, he was excoriated on the 
Senate floor and denied his opportunity to be an Assistant Attorney 
General for Civil Rights.
  Did anyone raise an issue of his qualifications? No. He is eminently 
qualified. But person after person spoke about the heinous murder that 
took place in Philadelphia, the murder of a police officer by a young 
Black man who had bragged about it--a heinous crime, a horrible crime. 
Debo Adegbile didn't defend him at trial. He only filed appeals aimed 
at protecting the defendant's civil rights and the civil rights of all 
Americans.
  I listened to the Senator from Pennsylvania this morning. He had a 
big poster with a picture of the police officer and his wife on their 
wedding day. He was talking about how horrible a crime this was, how 
the murderer had bragged about it, and all that is terrible.
  But it had nothing to do with Debo Adegbile. The Senator from 
Pennsylvania said it is why Mr. Adegbile should not be approved to be 
an assistant attorney general, because he worked as a lawyer on a 
defendant's appeal.
  What about the Chief Justice of the Supreme Court? He defended a 
person who killed eight people. I don't see my friends on the 
Republican side of the aisle clamoring to institute an impeachment 
process. Maybe they did not know that John Roberts defended a mass 
murderer. But now that they do, are they going to try to impeach the 
Chief Justice because he fulfilled his legal obligation to defend a 
murderer?
  I hope you see the ridiculousness of that argument and how unfair it 
was for Debo Adegbile to be denied--not on the basis of any 
qualifications but because he was fulfilling his duty as a lawyer. I 
have not heard one person say he is unqualified or he has done 
something that would disqualify him. No. He did what he was supposed to 
do within his legal profession--and he was denied.
  Shame. Shame on this Senate. Shame on every Senator who claims to be 
a lawyer, who went to law school, raised their hand and was sworn into 
the bar. Shame on every lawyer who voted against Mr. Adegbile because 
he worked on an appeal.
  If somebody had some question about his qualifications or felt that 
Mr. Adegbile is totally unqualified, that is a different story. I 
challenge anyone to come forward with anything remotely connected to 
his qualifications that would show him to be unqualified.
  I wish to read--and I will close shortly--a quote from James 
Silkenat, the president of the American Bar Association. Listen up, 
lawyers.
  He said:

       A fundamental tenet of our justice system and our 
     Constitution is that anyone who faces loss of liberty has a 
     right to legal counsel. Lawyers have an ethical obligation to 
     uphold that principle and provide zealous representation to 
     people who otherwise would stand alone against the power and 
     resources of the government--even to those accused or 
     convicted of terrible crimes.

  Continuing:

       I was alarmed to learn that there is some opposition to Mr. 
     Adegbile's nomination based solely on his efforts to protect 
     the fundamental rights of an unpopular client while working 
     at the legal defense fund. His work, like the work of ABA 
     members who provide thousands of hours of pro bono legal 
     services every year, is consistent with the finest tradition 
     of this country's legal profession and should be commended, 
     not condemned.

  Shameful. It was a shameful vote today, a rush to judgment based upon 
emotion.
  I will not name any names, but I had one Senator say: My head tells 
me he should be confirmed, but my guts, my emotion, say no.
  We make our decisions based on that around here? God help us. Maybe 
we ought to all go back and think about ``To Kill a Mockingbird.'' Read 
the book, watch the movie, and know what it is to stand against the 
powers of government and defend someone who is unpopular.
  Mr. Adegbile wasn't even the defense attorney. He only worked on an 
appeal relating directly to legal issues particularly important to the 
civil rights community.
  Shame on the Fraternal Order of Police. Shame on them. I have been 
one of their strong supporters for my 30 years, but shame on them for 
doing this. Shame on them. They mounted a campaign against Mr. Adegbile 
just on that one thing. Shame on all of us here, especially the 
lawyers--especially the lawyers. It was a rush to judgment and a 
shameful episode in the history of the Senate.
  I know Senator Reid filed a motion to reconsider. I hope he will, and 
I hope people will pray on this and think back, especially the lawyers 
who are in the Senate. Think about it. Think about the ethical 
obligation, the ethical obligation to do what he did--and he did 
nothing wrong. Hopefully Mr. Adegbile, on a motion to reconsider, will 
have the votes to take his position as Assistant Attorney General for 
Civil Rights in the Justice Department.
  It is a shameful day for the Senate.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine is recognized.

[[Page S1306]]

  Ms. COLLINS. Mr. President, I thank my colleague from California for 
allowing me to precede her in speaking on the Senate floor this 
evening. I very much appreciate her courtesy.
  (The remarks of Senator Collins pertaining to the introduction of S. 
2081 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I was very interested in listening to both 
my colleagues, Tom Harkin, who I thought was very passionate about the 
need to understand that when people do pro bono work, as Justice 
Roberts did, or they work for an organization, as our nominee did 
making the case a jury was perhaps tainted, that that not be used 
against them. I think he was passionate. I think Senator Collins makes 
a good point. I do wish to say she is totally right. The IRS should 
never, ever be used politically. We have gone through that in our 
lifetime, and it is absolutely wrong. I agree. But I also wish to point 
out that any organization taking big tax deductions which cost people 
money, but they are political--whether they are on the left, the right 
or the center--have to stop what they are doing too. I think she points 
out it is a careful balance.
  We also don't want Members of Congress to intimidate and harass the 
IRS. That is wrong and a very careful balance. I look forward to 
looking at her bill to see if this oversight commission is something 
free from politics. That, to me, is the key. IRS should never be used 
politically.

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