[Congressional Record Volume 161, Number 48 (Monday, March 23, 2015)]
[Senate]
[Pages S1705-S1707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LYNCH NOMINATION
Mr. LEAHY. Mr. President, Loretta Lynch, the nominee to be our next
Attorney General, has now been awaiting a vote on the Senate floor for
25 days. I have spoken many times about her historic nomination, her
inspiring family, and her passion for the highest callings of public
service.
Last week, a distinguished group of bipartisan law enforcement
officials came together to call for the confirmation of Loretta Lynch.
These individuals have dedicated the better part of their careers to
protecting the American people, and they conveyed how important it is
to have the Senate confirm the chief law enforcement officer in the
country.
One of those individuals is my friend, Louis Freeh, former Director
of the FBI and a Federal judge. Director Freeh wrote to the committee
in support of Loretta Lynch that ``[i]n my twenty-five years of public
service--23 in the Department of Justice--I cannot think of a more
qualified nominee to be America's chief law enforcement officer.'' He
has further stated that ``Ms. Lynch is an atypically non-political
appointment for that office, a career professional without any
political party ties or activity.''
Loretta Lynch is also supported by the current New York police
commissioner, who was appointed by a Democrat, and a former New York
police commissioner, who was appointed by a Republican. She has earned
the support of former U.S. attorneys from both Republican and
Democratic administrations. She has the support of the Major
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Cities Chiefs Association, the International Association of Chiefs of
Police, the Major County Sheriffs' Association, and many, many others.
There is a very obvious reason for the bipartisan support Ms. Lynch
has received--her qualifications are simply beyond reproach. She has
been confirmed by the Senate twice before to serve as the top Federal
prosecutor based in Brooklyn, NY. Those who have worked with her over
the course of her 30-year career described her as ``even-handed,''
``apolitical,'' and believe she ``will be a strong independent voice at
the helm of the Department of Justice.''
Under her leadership, the U.S. Attorney's Office for the Eastern
District of New York has brought terrorists to justice, obtained
convictions against both Republicans and Democrats in public corruption
cases, and fought tirelessly against violent crime and financial fraud.
Her record shows that as Attorney General, Ms. Lynch will effectively,
fairly, and independently enforce the law.
Many Americans are starting to wonder why she is being held up so
long in light of her sterling record and in light of the very serious
law enforcement challenges that we face in communities across the
country. Unfortunately, the Republican Senate leadership is holding Ms.
Lynch's nomination hostage to their political agenda and that does not
reflect well on the Senate or their leadership.
President Obama announced the nomination of Ms. Lynch more than 4
months ago. The Judiciary Committee reported her nomination with
bipartisan support 25 days ago. As of today, her nomination has been
pending on the Senate floor longer than all of the past seven Attorneys
General combined: Richard Thornburgh, 1 day; Bob Barr, 5 days; Janet
Reno, 1 day; John Ashcroft, 2 days; Alberto Gonzales, 8 days; Michael
Mukasey, 2 days; and Eric Holder, 5 days. This delay is an
embarrassment for the Senate.
The excuses for holding up her nomination continue to mount and each
excuse rings hollow given the importance of the position to which she
is nominated.
First, the President and Senate Democrats were warned last November
that we should not move Ms. Lynch's nomination during the lameduck
period last Congress. Senate Republicans claimed that she would be
treated fairly if we waited. In fact, the current majority leader
issued a statement last November, proclaiming that ``Ms. Lynch will
receive fair consideration by the Senate. And her nomination should be
considered in the new Congress through regular order.'' As a result, we
acceded to their request. However, treatment of her nomination has not
been fair when compared to her predecessors.
Despite Senate Republicans' request that we not move her nomination
in the few weeks remaining in the lameduck session, they now assert in
the press that if this nomination was so important, then the President
and Senate Democrats should have processed it during that very time of
transition. Sometimes you can only shake your head at what is said to
excuse their delay. This nomination is for the top law enforcement
officer in the Nation. It should not just be important to Democrats. It
should be important to Republicans as well. It is important to all
Americans.
I can remember when Judge Mukasey was nominated by President Bush to
be Attorney General. From the date of announcement to confirmation, it
took 53 days. Judge Mukasey received a floor vote just 2 days after he
was reported from committee. And these were some of the remarks made by
Senate Republicans at that time: ``We should stop playing partisan
political games with this nomination. The Justice Department is too
important for this type of stuff.'' ``Forty days into the partisan
wilderness is more than enough. We should confirm Judge Michael Mukasey
without further delay.'' There were expressions of outrage against
Democrats after just 40 days. Contrast that to Ms. Lynch, who has now
been waiting 135 days. Her nomination has been pending on the floor for
25 days whereas Judge Mukasey received a vote in 2 days. Where is the
outrage from my fellow Senators on the other side of the aisle now?
Second, the majority leader announced 2 weeks ago that he would
finally schedule a vote on Ms. Lynch's nomination last week. However,
instead of doing so, the majority leader changed his mind and acted as
if the Senate could not consider legislation and executive nominees at
the same time. Now he has announced that she will not have a
confirmation vote until after the Senate has concluded its debate on
the human trafficking bill. The Senate often debates legislation and
votes on nominations at the same time. Over the last week and a half,
we voted on six other executive nominations while we were on the human
trafficking bill. None of those executive nominations is more important
than this one. The top law enforcement officer in the land is not a
negotiating chip that any party should use for leverage. That is not
how we respect the role that law enforcement officials play in our
system of government.
What made the delay announced last Sunday more confounding is the
fact that Loretta Lynch has a proven track record of prosecuting human
trafficking and child rape crimes. Over the course of the last decade,
her office has indicted over 55 defendants in sex trafficking cases and
rescued over 110 victims of sex trafficking.
Ms. Lynch and her office have used the tools that Congress has
provided them to bring traffickers to justice. In United States v.
Rivera, the prosecutors in her office utilized the Trafficking Victims
Protection Act to help them obtain a conviction against an owner of
several New York bars for his role in a sex trafficking and forced
labor ring. The evidence at trial established that the defendants
recruited and harbored scores of undocumented Latin American
immigrants, and forced them to work as waitresses at the owner's bars.
The owner and his accomplices used violence, including rapes and
beatings, as well as fraud and threats of deportation, to compel the
victims to work and prevent them from reporting the illegal activity to
police. Because of the leadership Ms. Lynch showed in making such cases
a priority, the bar owner was sentenced to 60 years in prison.
I am proud of the Senate's work to get the Trafficking Victims
Protection Act reauthorized 2 years ago as part of the reauthorization
of the Violence Against Women Act. We passed those laws with strong
bipartisan support because we avoided unnecessary political fights,
listened to the survivors, and responded to what they said they needed.
I wish the Republican leadership would do the same on Senator Cornyn's
trafficking bill. Unfortunately, it is many of the same Senators who
voted against the reauthorization of the Trafficking Victims Protection
Act and the Violence Against Women Act who have injected a divisive
partisan fight here--over the objection of the very survivors they wish
to help. It is this unnecessary fight that has stopped an otherwise
bipartisan bill. And now, many of those same Senators are using this
unnecessary conflict--a conflict they created--as an excuse not to move
Loretta Lynch's nomination. So instead of working together to confirm a
nominee with a proven commitment to stopping human trafficking, and
instead of passing antitrafficking legislation that will help the
survivors of this terrible crime, Senate Republicans have refused to do
either one this month.
Loretta Lynch was recently named one of ``New York's New
Abolitionists'' by the New York State Anti-Trafficking Coalition for
her leadership in combating human trafficking. She has told members of
the Judiciary Committee that human trafficking would be one of her top
priorities if confirmed as Attorney General. And now, in the name of
supporting human trafficking victims, Senate Republicans are blocking
her nomination. That makes no sense. If we want to show our commitment
to ending human trafficking, we should remove the unnecessary, partisan
language from the Justice for Victims of Trafficking Act--language that
is not in the House-passed bill--and confirm Loretta Lynch without
further delay.
It is time to stop delaying and making excuses. It is time to stop
playing politics with our law enforcement and national security. There
is only one holdup to Ms. Lynch's nomination to be Attorney General,
and that is the party that the American public has entrusted to govern
the Senate. I ask
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that she receive a confirmation vote this week so that she can get to
the peoples' work as our next Attorney General of the United States.
____________________