[Congressional Record Volume 166, Number 101 (Monday, June 1, 2020)]
[Senate]
[Pages S2628-S2630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTESTS
Mr. DURBIN. Madam President, his name was George Floyd, and 7 days
ago he was killed on the streets of Minneapolis. He was not the first
African American to be the victim of racism and criminal misconduct by
the police. This has happened in our history many times, but this was
different. This was a killing which we watched in realtime.
In fewer than 9 minutes, a Minneapolis police officer, with his knee
on the neck of George Floyd, took his life away. Despite Mr. Floyd's
begging over and over again, his pleas that he couldn't breathe, even
invoking the name of his mother, it didn't stop what happened. That
photo is still emblazoned in my mind, as I am sure it is for all of
those who have seen it.
The look in that policeman's eyes, in the videotape that was being
taken of that incident, was cold, hard, distant and unmoved by George
Floyd's plea and the plea of those around him. What a tragic moment for
our country. What a tragic moment for that family. What does it say
about who we are in the United States of America that in the year 2020
this sort of thing can happen with such frequency?
The heartbreaking killing of George Floyd follows years of similar
tragedies and needless loss. In 2012, 17-year-old Trayvon Martin was
shot and killed by a vigilante as he walked home with a bag of Skittles
that he just bought from the local 7-Eleven. His crime? Black in
America.
In 2014, the words ``I can't breathe'' were seared into our minds
when we saw the video of Eric Garner struggling for his life and dying
as a police officer held him in a choke hold. His crime? Black in
America.
Weeks later, Michael Brown was shot and killed by a police officer in
Ferguson, MO, despite being unarmed. A couple of months later, on the
streets of Chicago, IL, Laquan McDonald was shot and killed by a police
officer. The next month, after he was killed, Tamir Rice was shot and
killed by a police officer while playing with a toy gun in a Cleveland
park.
The tragic list of Black individuals whom we have mourned and marched
for continues to grow: Walter Scott, Freddie Gray, Philando Castile,
Botham Jean, Atatiana Jefferson, and many more, including Sandra Bland,
another resident of Illinois whose life was taken when she drove down
to Texas to interview for a new job. I attended her funeral ceremony.
The loss of such a wonderful young woman is still unexplained.
Now we come together to mourn the lives of two Black men and a Black
woman--lives that were cut far too short in incidents of inexplicable
and inexcusable violence: Ahmaud Arbery, Breonna Taylor, and George
Floyd. Once again, those gut-wrenching words--``I can't breathe''--have
us to tears.
As activist Brittany Packnett Cunningham has pointed out, justice for
George, Breonna, and Ahmaud would mean that they would each still be
alive and breathing today.
What we must now seek is accountability. The arrest of former
Minneapolis police officer Derek Chauvin is a first step in that
direction, but there is so much more that must follow.
Too often, police officers have crossed the line from lawful
protection of our communities to baseless targeting, harming, and
killing of unarmed Americans of color. Perhaps an arrest of the officer
will be made, but our system of justice rarely leads to real
consequences that follow. How
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many more names of Black men and women and children will be crying out
in protest before America finally acknowledges the obvious?
We cannot call ourselves a land of justice until we address those
fundamental issues of racial injustice. That will require an honest,
candid conversation with leaders in the law enforcement community about
training, inherent bias, the use of force, and the consequences for
their unjust action. It will require prosecutors in courts to commit to
pursuing true accountability when injustice occurs, and it will require
legislators like myself and those I serve with in the Senate and in the
House and in State legislatures around this country to continue to undo
the damage of a criminal justice system fraught with racial
disparities.
Most importantly, it will require those of us with privilege and
power to step back and listen to Black Americans as they tell us about
what a life affected by pervasive and systemic racism is like. If we
truly want to reach a new day in America, impacted communities must
lead the conversation, and allies must play an active and supporting
role in confronting and dismantling racism.
We know there are several steps the Federal Government can take right
now to begin the process of moving forward. A good place to start is
President Barack Obama's Task Force on 21st Century Policing.
In 2015, President Obama's Task Force released a report outlining
crucial reforms to strengthen community policing and to restore trust
between law enforcement and the communities they serve. Under President
Obama's leadership, the Justice Department's Civil Rights Division
investigated civil rights abuses in multiple police departments across
the country--Baltimore; Ferguson, MO; Cleveland; and, yes, Chicago, IL.
Unfortunately, the current President dismantled these efforts as soon
as he took control of the Department of Justice in 2017. In this
heartbreaking moment of crisis, America is pleading with us for
leadership. President Trump and Attorney General Barr could demonstrate
that leadership by implementing the recommendations of the Task Force
on 21st Century Policing and permitting the Civil Rights Division to do
its job and vigorously investigate police departments accused of
engaging in a pattern of practice of misconduct.
We have a role to play here too. We must immediately hold hearings on
systemic racism and police misconduct so we can discuss and pursue
solutions, including accountability and training.
Chairman Graham of the Senate Judiciary Committee has announced that
the committee will hold a hearing on police misconduct. I am glad that
he made that statement. I hope it is more than just one token hearing.
When I chaired the Senate Judiciary Subcommittee on the Constitution,
Civil Rights, and Human Rights, I held several hearings on race in
America, including my last hearing as chairman in December of 2014, on
the state of civil and human rights in the United States. I said then,
and I repeat it today, that it is important to recognize and say
clearly that there is still a problem with racism in America and we
still have so much more to do. We have got to acknowledge the obvious.
As one sign said in the demonstration yesterday, ``All Black people
are not criminals. All White people are not racists. All policemen are
not bad.'' We have to find the problems and solve them, but we cannot
ignore the obvious.
Since the Republicans took Senate majority control on January 2015,
the Senate Judiciary Committee rarely, if ever, addressed these issues
of systemic racism in America. In fact, the last hearing on policing
was almost 5 years ago.
In November of 2015, the junior Senator from Texas held a hearing
entitled: ``The War on Police: How the Federal Government Undermines
State and Local Law Enforcement.'' It was a thinly veiled attack on the
efforts of the Obama administration's Civil Rights Division to improve
police integrity, and 4\1/2\ years after that hearing, we still have so
much work to do.
I am committed to joining with my colleagues to listen to civil
rights leaders, activists, and affected communities to work with them
to improve life in my State and across the Nation. I hope we can honor
George, Breonna, Ahmaud, and all of the Black and Brown lives that have
been lost in brutal acts of racial injustice. We need to do this by
reforming the system that has permitted these atrocities to occur and
dedicate ourselves to bringing about justice and accountability.
It was many years ago when I was a law student in this city. The year
was 1968. I remember it well. It was a historic year, and much of
history was painful. I was sitting in the student library of Georgetown
Law School, and a professor opened the door and asked that all students
in their second and third year come out in the hallway. I went out in
the hallway, and he said: We need your help. As you know, the city of
Washington is ablaze with demonstrations in anger over the
assassination of Dr. Martin Luther King. The system of justice has
broken down in the city. They have run out of attorneys to even stand
with the accused defendants before the court. We are preparing to
empower you, even as law students, to walk across the street to the DC
court and play that role. We need you.
I did it, nervous as could be, uncertain of what I was actually doing
but realizing that the system of justice in this city had all but
broken down.
I think we have learned the hard way that to maintain order in a
democracy, you need a consensus--a consensus on what is the common good
and the belief that we all must stand together to make certain that it
is protected.
There will always be enemies and outliers, but ultimately, if we are
to move together as a democratic nation, we have to understand and work
together toward the common good and a common goal, and shouldn't the
beginning of that common good and common goal be the end of racism in
America?
I read so much history about the Civil War and the role of another
Illinoian, Abraham Lincoln, in bringing that war to a successful
conclusion. The constitutional amendments that followed and the
promises that followed as we emancipated slaves across the United
States--those promises, sadly, were not kept. The Reconstruction, Jim
Crow laws, and the discrimination that followed are still with us
today.
There was one moment--one shining moment in my political life--when I
stood just a few feet away from a new President of the United States by
the name of Barack Obama, an African American. I thought to myself,
finally, finally, Durbin, maybe we have reached that turning point in
America when it comes to race. If we can accept an African American as
the leader of our Nation, maybe, just maybe, we are moving toward the
day we all dreamed of.
I am afraid he moved us forward but not far enough, and he would be
the first to acknowledge it. We have work to do.
It used to be a bipartisan effort when it came to making certain that
minorities--especially African Americans--were not denied the right to
vote. That used to be bipartisan when I first came to Congress. Now it
has become another sad, divisive, partisan issue, and the efforts to
restore the Voting Rights Act failed because the Republicans no longer
joined the Democrats in that quest.
There are so many other areas that lie ahead that we have to address
beyond criminal justice. We have to address economic justice. We know
from the COVID-19 pandemic that those who are minorities in this
country--the Black and Brown--are dying at a much greater rate than
others. There are gross disparities--racial disparities and poverty
disparities--when it comes to healthcare in America, and the same is
true for education and housing and so many other aspects of what being
an American is all about. That agenda is before us.
If we think coming to the floor and making a speech, having a
hearing, and moving on will solve the problem, it will not. It will
not. We have to envision, moving forward, rethinking America, and we
have to acknowledge that the process will be far from perfect.
Just the last two nights in the city of Chicago and across the United
States, we have seen incidents occur that I thought I would never see
again. They harken back to that 1968 reaction to
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the assassination of Dr. Martin Luther King--burnings, looting,
confrontations, things that sadly look exactly like they did some 50
years ago.
The reality is this: In America, we are given a constitutional right
to express our feelings, our free speech, and our free assembly. Those
rights are important and should be valued and respected, but those
rights to march and demonstrate, as people are doing right outside this
building at this very moment, cannot be taken to the point where they
have reached an extreme and become destructive. Speaking, assembling,
exercising your constitutional right does not include looting. It
doesn't include arson, vandalism, or violence. In fact, those actions
detract from the underlying message that calls for positive change in
America.
I am glad that leaders like John Lewis, my dear friend and former
colleague from the House of Representatives, has made that point. His
voice on the subject is much more articulate and more convincing. He
has reminded us that if we are to move America to the place where it
must be, then we must do it in a nonviolent fashion within the law, not
breaking the law.
His name was George Floyd, a 46-year-old African American. He died in
the streets of Minneapolis with the knee of a police officer on his
neck for almost 9 minutes. He cannot be forgotten. And all the others I
have mentioned must also be remembered. It is time for us and it is
time for our generation to say: Enough.
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.
Ms. COLLINS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Boozman). Without objection, it is so
ordered.
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