[Congressional Record Volume 160, Number 63 (Wednesday, April 30, 2014)]
[Senate]
[Pages S2556-S2557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Vote on Bashant Nomination
The PRESIDING OFFICER. Under the previous order, the question is,
Will the Senate advise and consent to the nomination of Cynthia Ann
Bashant, of California, to be United States District Judge for the
Southern District of California?
Mrs. FEINSTEIN. Mr. President, I rise to urge my colleagues to
support the nomination of Judge Cynthia Bashant to the Federal district
court in San Diego.
As my colleagues know, I recommend candidates to the President
through a bipartisan judicial selection process. Judge Bashant excelled
in this process, earning my recommendation to President Obama.
I am confident she will do an outstanding job on the Federal bench.
She earned her bachelor's degree from Smith College in 1982 and her
law degree from the University of California, Hastings College of the
Law in 1986.
She spent 3 years practicing civil litigation at the law firm
MacDonald Halsted & Layborne, which later became part of the firm Baker
& McKenzie.
In 1989, she joined the U.S. attorney's office in San Diego, where
she tried at least 15 cases in Federal court.
Judge Bashant served as deputy chief of the narcotics unit in San
Diego from 1995 to 1997, and then as chief of the border crimes unit
from 1997 to 1998.
During her prosecutorial career, she prosecuted numerous important
cases. One was a major drug trafficking case that involved: the Sinaloa
drug cartel; a 1,600-foot tunnel under the southern border; 23
defendants; and wiretaps in Chicago, San Antonio, Los Angeles, and San
Diego.
She prosecuted an individual who robbed more than 20 banks, a local
record in San Diego at the time.
Just after the Violence Against Women Act passed in 1994, Judge
Bashant prosecuted the first Federal domestic violence case in the
Southern District of California and one of the first in the Nation.
The defendant was accused of luring his wife, who had just filed for
divorce, into their car, after which he took her to Mexico against her
will, beat her black and blue, and cut off all of her hair. The
defendant pleaded guilty to violating a provision of VAWA designed to
criminalize precisely this sort of conduct.
In one of her other cases, the defendant was a human smuggler. To
avoid a checkpoint, he led a large group of undocumented immigrants
across the Interstate 5 freeway on foot. The group included a mother
and her six children, ranging in age from 6 to 15 years old.
The 6-year old boy was killed by oncoming traffic in front of his
mother. The smuggler simply left the mother and her five other children
by the side of the road.
In preparation for trial, Judge Bashant met extensively with the
mother, who understandably was distraught and afraid to testify. Judge
Bashant and the mother's sister helped the mother be ready to testify
against the smuggler.
Ultimately, Judge Bashant secured a guilty plea from the defendant,
and the court imposed several sentencing enhancements on him.
For her work on this case, Judge Bashant won the Justice Department's
Victim-Witness Award.
She also won numerous other DOJ awards, including the Director's
Award for Superior Performance and special commendations 6 years in a
row.
In 2000, Judge Bashant was appointed to the San Diego Superior Court.
[[Page S2557]]
As a judge, she has presided over more than 1,000 cases that have
gone to verdict or judgment--including more than 100 criminal jury
trials.
She has been a leader on the superior court, as well as in the San
Diego community. Most recently, she was presiding judge of the Juvenile
Court from 2009 to 2012.
In 2012, the San Diego Juvenile Justice Commission named her Judge of
the Year.
She served as chair of the San Diego Commission on Children, Youth,
and Families, which advises the county board of supervisors on issues
affecting family well-being.
She served on the San Diego County Child Abuse Prevention
Coordinating Council as well.
She also has served as president and currently serves on the advisory
board of the Lawyers Club of San Diego--a highly respected organization
that works to promote gender equality in the legal profession.
She also has served on the board of the Children's Initiative of San
Diego, which was established in 1992 to advocate for effective policies
to support the health and well-being of children, youth, and families
in San Diego.
Simply put, Judge Bashant is a perfect fit for this position. She has
experience in private practice. She spent 11 years as a Federal
prosecutor in San Diego. She has been running her own courtroom for 13
years.
I have no doubt she will hit the ground running on the Southern
District, which has the third-greatest criminal caseload per judgeship
in the Nation.
Beyond her qualifications and experience, Judge Bashant clearly is an
outstanding woman and a real leader. As one of her judicial colleagues
told my judicial selection committee, Judge Bashant is ``an energetic,
smart, really impressive hard worker who `really cares.' ''
So, I am very proud to have recommended Judge Bashant to the
President, and I urge my colleagues to support her nomination.
Mr. SCOTT. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
Mr. DURBIN. I announce that the Senator from Arkansas (Mr. Pryor) is
necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Arkansas (Mr. Boozman), the Senator from Mississippi (Mr.
Cochran), the Senator from Florida (Mr. Rubio), the Senator from
Louisiana (Mr. Vitter), and the Senator from Mississippi (Mr. Wicker).
The result was announced--yeas 94, nays 0, as follows:
[Rollcall Vote No. 122 Ex.]
YEAS--94
Alexander
Ayotte
Baldwin
Barrasso
Begich
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Collins
Coons
Corker
Cornyn
Crapo
Cruz
Donnelly
Durbin
Enzi
Feinstein
Fischer
Flake
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Lee
Levin
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Reed
Reid
Risch
Roberts
Rockefeller
Sanders
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NOT VOTING--6
Boozman
Cochran
Pryor
Rubio
Vitter
Wicker
The nomination was confirmed.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Mr. President, the last rollcall vote will occur in a
matter of a few seconds, and after that there will be a voice vote.
The first series of votes tomorrow will be at 11:15 a.m. Starting at
1:45 p.m. tomorrow afternoon, we will have up to four votes. If we are
fortunate, there will only be two or three votes.
This is the last vote tonight. We start at 11:15 a.m. tomorrow
morning, and then at 1:45 p.m. tomorrow afternoon.