[Congressional Record Volume 163, Number 58 (Tuesday, April 4, 2017)]
[Senate]
[Pages S2208-S2210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Kirk Yeager, Dennis Wagner, Edward Grace, and Mariela Melero
Mr. President, that sense of what we are dealing with now in our
politics today is the subject that I want to speak about for a few
minutes; that is, the incredibly important efforts made each and every
day by our public servants.
We often forget that our public servants, our Federal employees, go
to work every day with the sole mission to make the country a better
and safer place. Day after day they go to work, receiving little
recognition for the great work they do. Since 2010, I have come to the
Senate floor to honor exemplary Federal employees--a tradition that was
begun by my friend Senator Ted Kaufman. One of those Federal employees
is actually sitting at the desk and has helped me and I know so many
other Senators as we have tried to learn this job.
The reason I wanted to come back today was because today, in light of
a governmentwide hiring freeze, the reinstatement of the so-called
Holman rule, a proposed budget that would deeply cut our Federal
workforce, and candidly, in these times, the targeting of career civil
servants by certain conservative media outlets, this tradition of
honoring those who serve, oftentimes without recognition, our Federal
employees, feels even more important.
Our Federal employees--over 170,000 of them Virginians--serve their
country dutifully regardless of the party in power. Not only do they
carry out the mission of the administration they are serving, but they
also provide countless benefits to the American public. It is my hope
that my colleagues and the current administration will remember these
facts and set aside ideology when considering actions that affect our
Federal agencies and their workforce.
Today I want to take a couple of moments to recognize a few
Virginians who are working behind the scenes to actually make our
government more efficient and more effective.
First, I would like to recognize Kirk Yeager. Kirk is the Chief
Explosives Scientist at the FBI. In this role, he both responds to
crises and oversees the Bureau's efforts to better understand the
explosives terrorists use. Having studied bomb-making for more than 20
years, Kirk works with both domestic and foreign law enforcement
agencies and has developed and provided crucial training to every bomb
squad in the United States and to many of our foreign allies. Through
his work, Kirk has made U.S. civilian law enforcement personnel and
those who serve our country in the military much safer.
Next, I would like to recognize Dennis Wagner. Dennis is the Director
of the Quality Improvement and Innovation Group at the Centers for
Medicare and Medicaid Services. As part of a team at CMS, Dennis
contributed to the creation of the Partnership for Patients, a public-
private partnership to increase patient safety and reduce readmissions
to U.S. hospitals. Their work has produced outstanding results,
including 2.1 million fewer patients harmed and $20 billion saved. That
is a remarkable statistic, and obviously the work going on at CMS--an
agency that does not get a lot of recognition; candidly, most people
don't even know--a person like this gentleman, Dennis, has made our
healthcare system better.
Third, I would like to recognize Edward Grace. Edward is the Deputy
Chief in the Office of Law Enforcement at the U.S. Fish and Wildlife
Service. In that role, Edward has been leading a nationwide law
enforcement investigation known as Operation Crash, targeting those who
smuggle and trade rhino horns and elephant ivory. In addition to
assisting in the Department's efforts to preserve global biodiversity,
Operation Crash has led to 41 arrests, 30 convictions, and the seizure
of millions of dollars in smuggled goods--results that show that those
seeking to engage in this kind of activity--there will be real legal
consequences to their actions.
Finally, I would like to recognize Mariela Melero. Mariela is the
Associate Director for the Customer Service and Public Engagement
Directorate at the U.S. Citizenship and Immigration Services. Mariela
and her team have been working to improve the way USCIS interacts with
the millions of people who contact their office seeking citizenship,
permanent residency, refugee status, or other assistance. Central to
that mission are the innovative improvements Mariela has made to the
myUSCIS website, as well as the launch of Emma, a virtual assistant
that in a typical month answers nearly
[[Page S2209]]
500,000 questions with a success rate of nearly 90 percent.
To ensure that this resource was available to a wide range of
customers, Mariela also oversaw the creation of a Spanish-speaking Emma
that came online in 2016. These important improvements have been
crucial to driving efficiency for the world's largest immigration
system in the world.
Again, I hope my colleagues--as we think about budgets and numbers
and when we hear people who oftentimes denigrate our Federal
employees--will remember some of these individuals who, not for great
reward or recognition, actually get up each and every day and go to
work, trying to ensure that our government functions for the hundreds
of millions of Americans who oftentimes don't acknowledge or recognize
their services enough.
Mr. President, as I mentioned at the outset, I know this is a time
when most of my colleagues are speaking on Judge Gorsuch. I will simply
add, after a careful review of his record and my belief as well, that
his unwillingness to really give truly straight answers in terms of
comments--whether it was basic, decided legal opinions like Brown v.
Board of Education or Roe v. Wade or Citizens United--and his failure
to even answer those questions has unfortunately led me to join with so
many of my other colleagues in voting against him.
I still hope that there is a way that we can avoid changing the rules
of the Senate during this process. I know there are many colleagues who
are working on those efforts. If they are successful, I look forward to
joining them.
As we think about Judge Gorsuch, as we recognize the challenges we
have ahead of us, let us also--those of us who serve in this body--
continue to take a moment every day to say thanks to a Federal employee
who, in one way or another, works tirelessly day in and day out to make
our country a better place.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. CARPER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARPER. Mr. President, last week on this Senate floor, I made the
case for Democrats and Republicans joining together to confirm one of
the most qualified individuals ever nominated to the U.S. Supreme
Court. I was referring, of course, to Chief Judge Merrick Garland.
I don't wish to belabor the point here this evening, but it bears
repeating that Judge Garland brought with him more Federal judicial
experience than any Supreme Court nominee in the history of the United
States.
It bears repeating that Judge Garland is an extraordinary man, a good
man, a brilliant man, a fair judge, and a consensus builder on the
bench in a day and age when we need consensus builders on the Supreme
Court and other courts across the country. Frankly, we also need them
right here on this floor, in this body.
It bears repeating that the obstruction of Judge Garland's nomination
was unprecedented in the history of the United States of America and in
the history of the Senate.
Since the Senate Judiciary Committee began holding public hearings on
Supreme Court nominations in 1916, no Supreme Court nominee had ever
been denied a hearing and a vote--until Judge Garland. Many of our
Republican colleagues refused to meet with him. When his nomination
expired at noon on January 3, 2017, 293 days had passed--293 wasted
days.
A good man was treated badly. I believe our Constitution was treated
badly. I believe that the obstruction of Judge Garland's nomination was
unprecedented. I believe it was shameful. From my view, we cannot
pretend that this vacant seat on the Supreme Court--what I believe
should be Judge Garland's seat--is anything other than blatant
partisanship.
I believe that upholding my oath to protect the Constitution means
finding agreement on moving Judge Garland's nomination forward at the
same time--at the same time as that of Judge Neil Gorsuch, President
Trump's Supreme Court nominee.
I have no choice but to oppose Judge Gorsuch's nomination this week
because anything else would be a stamp of approval for what I believe
is playing politics with Supreme Court nominees. I cannot support Judge
Gorsuch's nomination because we cannot have one set of rules for
Democratic Presidents and another set of rules for Republican
Presidents.
Some of my colleagues and maybe some of the Americans listening at
home tonight may be asking themselves: Well, Senator Carper, didn't the
Democrats change the rules for judges when they were in the majority?
That is a fair question. To that, I would say yes. That is true for
lower court nominees, nominees to Federal district courts and courts of
appeals.
But it wasn't because Senator Harry Reid woke up one morning and
decided that was the day to change the rules of the Senate. A decision
of this magnitude didn't happen on a whim. It was because, by the time
November 2013 had arrived, our Republican friends had attempted to
block--get this--more nominations in the first 5 years of President
Obama's tenure than all other Presidents combined. Let me say that
again. It was because, by the time November 2013 had arrived, our
Republican friends had attempted to block more nominations in the first
5 years of President Obama's tenure than all other Presidents combined.
It wasn't the unprecedented use of cloture motions--79 cloture
motions--during those 5 years that precipitated Democrats' seeking a
solution to restore the capability of the Senate to do its job. It was
because our Republican friends refused to consider any nominee--any
nominee--to the DC Circuit Court of Appeals, despite three critical
vacancies on our Nation's second highest court.
So, yes, it is true that Democrats supported a change that allowed a
vote on those nominees, but it was because our Republican friends took
the unheard of position that no nominees--no nominees, no matter their
qualifications--were entitled to a vote.
I should note that Democrats were careful to preserve the 60 votes
for Supreme Court nominees.
Let me just say that, if there is any position in the Federal
Government that should require at least 60 votes, my view is it should
be the Supreme Court, and that is the rule under which we operate as of
this moment.
One of the reasons why is because Supreme Court vacancies come around
quite rarely. When they do, we need to ensure that debate is robust, we
need to ensure that the nominee is from the judicial and the political
mainstream, and we need to ensure that these lifetime appointments are
held to the highest standards. In other words, I believe we need a
nominee like Judge Merrick Garland.
Despite his own impressive resume, I have concerns with Judge
Gorsuch's nomination beyond the treatment of Judge Garland, and I have
concerns with the way that our debate has not been, frankly, robust. I
have concerns that Judge Gorsuch's views are outside the judicial and
political mainstream, and I have concerns about what others have termed
``evasiveness.'' His evasiveness before the Judiciary Committee does
not meet the high standards that we should expect for those lifetime
appointments.
I would be remiss if I did not mention what I referred to last week
as the cloud that lingers still over President Trump's campaign. Like
many Americans, I read the news related to Russia and the Trump
campaign, and I come to the inescapable conclusion that the cloud is
darkening and the forecast is a matter of grave concern for our
Constitution.
FBI Director Jim Comey has testified under oath that there is an
ongoing investigation to determine the links between the Trump campaign
and Russia, an adversary that attacked our election and undermined a
free and fair election to change the outcome of that election. From all
appearances, they did.
To hastily move forward with Judge Gorsuch--who is 49 years old, who
could serve on the Supreme Court well into the middle of this century--
without first getting to the bottom of the suspicious and irregular
actions of Trump campaign officials would be, in my view, a mistake.
[[Page S2210]]
For many Americans, this Supreme Court seat will always come with an
asterisk attached to it. They believe and I believe that it was a
stolen seat that belonged to Judge Merrick Garland.
Many Americans are wondering why we are rushing to fill a lifetime
vacancy while President Trump's campaign remains under investigation
and will for at least some while.
I believe we have some time. Judge Garland waited 293 days for a
hearing and a vote that never came. Judge Gorsuch has waited 48 days
for a hearing and many of our Republican friends would like to see him
seated this week.
Again, I would say: Judge Merrick Garland waited 293 days for a
hearing and a vote that never, never came.
What we face here today, I think, is a rush to judgment. I would just
say that we have time. We ought to hit the pause button on this
nomination.
The American people are watching us, and history will judge us. I
fear that history may judge us poorly if anyone other than Merrick
Garland is confirmed at this time. I fear that history may judge us
poorly if we do not insist that the Trump campaign is first cleared of
any wrongdoing before we move forward. We need to get this right. We
have time to get this right.
The Senate has been through it all. The good men and women of the
Senate have always disagreed--sometimes passionately, oftentimes
loudly. I understand that this disagreement before us may seem
irresolvable, but that is only if we seek to cut off debate and admit
defeat. Personally speaking, I am not ready to do that today or this
week.
I believe we have time. I believe we have the opportunity to right a
historic wrong. We have not just an opportunity to right a historic
wrong but also an obligation to get this right.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant 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.
Mr. McCONNELL. Mr. President, it is pretty obvious, based on the
announcement Senators have made, that we are experiencing the first
partisan filibuster of a Supreme Court nominee in the history of the
country.
We have had plenty of time to discuss Judge Gorsuch and his
credentials both in committee and on the floor, and I think it is now
important to move forward.