[Congressional Record Volume 163, Number 151 (Tuesday, September 19, 2017)]
[Senate]
[Pages S5831-S5833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



    Recognizing the 70th Anniversary of the United States Air Force

  Mr. BOOZMAN. Mr. President, I rise to speak in honor of the 70th 
anniversary of the United States Air Force.
  In the seven decades since its inception on September 18, 1947, the 
U.S. Air Force has bravely fought to protect freedom, liberty, and 
peace on every continent around the globe. From active participation in 
major international conflicts to providing humanitarian support 
throughout the world, the U.S. Air Force has continued to be the 
Nation's leading edge across every domain and throughout every location 
by meeting the challenges of an ever-changing world with limitless 
strength, resolve, and patriotism. Today, more than 100,000 airmen are 
standing watch at 175 global locations, committed to continuously 
defending the people and interests of the greatest Nation in the world.
  As cochair of the Senate Air Force Caucus and the son of a retired 
Air Force master sergeant, I have been personally touched by the proud 
history of this distinguished service. From the earliest days of 
aviation when the Department of War accepted its first military 
airplane to the present-day delivery of global airpower, the U.S. Air 
Force has made tremendous strides in the technological innovation and 
operationalization of air, space, and cyberspace warfighting 
capabilities.
  The earliest aviation pioneers believed in the notion of airpower and 
fought for its development into a force so formidable that its 
responsibilities

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and contributions would eventually be recognized as being equal to 
those of land and sea power. In essence, the birth of the U.S. Air 
Force began the dawn of a new era, where the skies became the ultimate 
high ground.
  As we celebrate this historic occasion, we must also remember and 
honor the courageous men and women of the U.S. Air Force, as the 
service would not be what it is today without these fine airmen.
  I had the privilege of speaking at the Department of Defense's 
National Prisoner of War/Missing In Action Recognition Day last week. 
It served as a poignant reminder of the many sacrifices made by our men 
and women in uniform.
  One such airman, Brig. Gen. Kenneth Newton Walker, played an 
important role in building the organization that would later become an 
independent air service. General Walker's direct contributions to 
crafting doctrine and policy were instrumental to the creation of the 
modern U.S. Air Force.
  General Walker was reported missing in action after his B-17 Flying 
Fortress went missing over Papua, New Guinea, in 1943, and was 
posthumously awarded the Medal of Honor by President Roosevelt. The 
actions of fearless warriors like General Walker symbolize a continuing 
commitment to meeting the demands of an increasingly dynamic and 
dangerous world with limitless strength, resolve, and determination.
  These dedicated airmen and their values of integrity, service before 
self, and excellence that they uphold in all they do embody a proud 
heritage, a tradition of honor, and a legacy of valor. We owe them a 
tremendous amount of gratitude for the sacrifices they have made 
defending the greatest country on Earth on this, the 70th anniversary 
of the United States Air Force.
  I am especially proud of my home State of Arkansas and its 
contribution to our air superiority. The Little Rock Air Force Base and 
the 188th Wing in Fort Smith play an important role in our national 
security. I am proud to support these missions and look forward to 
continuing to support our airmen stationed in Arkansas and throughout 
the world.
  I am pleased to be here speaking on behalf of a grateful nation, 
remembering, honoring, and commending our airmen and the world's 
greatest Air Force.
  I yield back.
  Mr. GRASSLEY. Mr. President, I am pleased to support Noel Francisco 
to serve as the next Solicitor General.
  Mr. Francisco comes to us with impressive credentials. He graduated 
from the University of Chicago Law School and clerked for Judge Luttig 
on the Fourth Circuit and Justice Scalia on the Supreme Court. He has 
spent time in both the private sector at prestigious law firms and in 
the public sector as counsel to the President at the White House and in 
leadership roles at the Department of Justice.
  Mr. Francisco has impressive experience arguing before the Supreme 
Court. His client won in each of the three cases he argued there. He 
has been named one of Washington, DC's ``Super Lawyers,'' as well as 
one of the ``100 Most Influential Lawyers in America.''
  It is vital for the Office of the Solicitor General to have its 
leader in place, so I am pleased that, after waiting for over 3 months 
on the Senate floor, we are finally voting on this nominee today.
  Mr. DURBIN. Mr. President, I rise in opposition to the nomination of 
Noel Francisco to be the Solicitor General of the United States.
  The Solicitor General--often called the ``tenth Justice''--argues on 
behalf of the United States in the Supreme Court. It is a critical 
position in our government, and it is critical that we have a Solicitor 
General with the independence to tell the President when the position 
he wants the United States to take before the Court is indefensible.
  Mr. Francisco already had a troubling tenure as Acting Solicitor 
General earlier this year. He led the effort to defend the original 
version of the President's controversial travel ban. That Executive 
order was blocked repeatedly in Federal courts and was then withdrawn. 
In defending this unconscionable order, Mr. Francisco argued that there 
should be no judicial review when a President makes decisions on 
immigration policy on the basis of his national security assessment. 
The Ninth Circuit stated that ``there is no precedent to support this 
claimed unreviewability, which runs contrary to the fundamental 
structure of our constitutional democracy.'' If he is confirmed, Mr. 
Francisco would likely be called upon again to defend President Trump's 
latest iteration of the travel ban when it is considered by the Supreme 
Court in October.
  When he was under consideration by the Judiciary Committee, I asked 
Mr. Francisco many questions to give him the opportunity to show his 
independence from President Trump. For example, I asked him if he 
agreed with President Trump's absurd claim that 3 to 5 million people 
voted illegally in the 2016 election. He refused to answer the 
question.
  I asked him if he believed it was appropriate for a President to ask 
an FBI Director to pledge loyalty to him. He declined to comment.
  I also asked him about the Constitution's Emoluments Clause, which 
prohibits government officials from accepting gifts or benefits from 
foreign states without Congress's consent and which many legal scholars 
believe President Trump has violated. Mr. Francisco actually had 
written an opinion on the Emoluments Clause when he was in the Justice 
Department's Office of Legal Counsel. I asked him what he believed the 
Founding Fathers intended this clause to mean. His response? ``I do not 
have any well-formed views on the scope of the Emoluments Clause.'' It 
is puzzling that an originalist like Mr. Francisco would not comment on 
the original meaning of a constitutional provision, but he clammed up 
when it came to this particular clause which is directly relevant to 
President Trump's behavior.
  While Mr. Francisco has been reluctant to demonstrate independence 
from President Trump, he has been willing at many points in his career 
to demonstrate loyalty to special interests. For example, Mr. Francisco 
gave a speech at the 2015 annual conference of the Community Financial 
Services Association, better known as the trade association for the 
payday lending industry. Here is what he said: ``The payday lending 
industry is facing the challenge of a lifetime. It is essential that, 
as an industry, you be prepared to respond on all fronts, and it has 
been my privilege to assist you in doing this over the last few years. 
This includes the legislative front, the regulatory front, and--my 
favorite--the legal front.''
  Let's be clear. We don't need a Solicitor General who thinks it is a 
privilege to assist payday lenders.
  Mr. Francisco also was a prominent lawyer for the tobacco industry. 
His advocacy on their behalf prompted a number of national antismoking 
and health organizations to call for Mr. Francisco to recuse himself 
from tobacco-related litigation matters if he were confirmed. I asked 
Mr. Francisco if he would commit to recuse himself from tobacco 
litigation, but he would not make that commitment.
  Mr. Francisco has been eager to position himself alongside rightwing 
groups like the Federalist Society and the Heritage Foundation. He made 
this particularly clear at a speech he gave to the Heritage Foundation 
on May 19, 2016, when he said: ``We live in an era where our views, 
traditional views, are under constant attack. Our adversaries have not 
even really tried to beat us through the democratic processes, but 
instead go straight to the courts, where they often win not by 
asserting that our views are legally wrong, but that they are so 
fundamentally illegitimate that the Constitution prohibits them. And 
they now have an increasingly compliant Judiciary that agrees with 
their policy views and that is unconstrained by legal principle.''
  This is a troubling characterization, to claim that people who do not 
share the views of the Heritage Foundation are ``our adversaries.'' It 
is just as troubling to claim that the Judiciary is acting 
``unconstrained by legal principle'' whenever it disagrees with the 
views of the Heritage Foundation. Comments like this raise serious 
questions about the ideology Mr. Francisco would bring to the Solicitor 
General's office.
  Make no mistake--President Trump is likely to keep the Supreme Court

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busy. It has never been more important to choose a Solicitor General 
who displays independent judgment and who is willing to say no if the 
views the President wants to execute are improper or unlawful. In my 
questions to him, I repeatedly gave Mr. Francisco the opportunity to 
display that independent judgment, but he did not do so, and what I 
have seen in his speeches and his advocacy concerns me.
  In short, I do not believe Mr. Francisco has demonstrated that he can 
be the Solicitor General that our Nation needs. I will oppose his 
nomination.
  Mr. BOOZMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MARKEY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.