[Congressional Record Volume 166, Number 102 (Tuesday, June 2, 2020)]
[Senate]
[Pages S2655-S2656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RACISM
Mr. VAN HOLLEN. Madam President, let me start by saying to our
colleague, the Senator from New Jersey who just spoke on the
floor, that we are all thankful for his passion to make sure that this
country lives up to its promise and for sharing with this body his
personal testimony about racism and the need for all of us to move
urgently to address the fundamental inequities at the heart of our
society and institutions. I don't think it is an overstatement to say
that we are at a pivotal point in our country. It is a moment of
reckoning. Historians will carefully examine this moment to see how our
country responded to see which path we took, how the Senate responded,
how each Senator responded.
The immediate spark for this moment was the brutal murder of George
Floyd by agents of government. In Minneapolis, a police officer aided
and abetted by three other officers--we all witnessed the horror of
George Floyd gasping ``I can't breathe'' as a White officer kept his
knee on his neck for 8 minutes and 46 seconds; three other officers
participated in the crime. All four need to be brought to justice, but
the murder of George Floyd was not an isolated event in the United
States of America. It is not the first time a Black man has called out
``I can't breathe'' as he was choked or lynched. We can draw a straight
line that runs from slavery to Jim Crow to legal segregation to de
facto segregation to institutional racism to the killings of Michael
Brown, Tamir Rice, Eric Garner, Freddie Gray, Breonna Taylor, and
George Floyd, as well as the vigilante killings of Trayvon Martin and
Ahmaud Arbery and others.
The White police officer who looked at the video as he kept his knee
on the neck of George Floyd thought he would get away with his actions
because he and so many others had not been held accountable before. He
thought he could get away with it, based on his experience. We must
change that. As Senator Booker said, we can have our moments of
silence, we can have vigils, but that is not enough. It is not nearly
enough. This is a moment that demands real action, real change, and
real results, starting with changes in police practices and the
systemic racism and institutions that have shielded those who engage in
misconduct from accountability.
Those changes must include establishing truly independent oversight
mechanisms to ensure that those police officers who betrayed the public
trust are held accountable. We must ban outright the use of chokeholds
unless the officer's life is in imminent danger, and we must use
Federal leverage to incentivize deescalatory practices over escalatory
ones. We need national standards backed up by real consequences for
those who do not comply, and we must establish a Federal databank that
tracks reports of police misconduct--not simply unjustified killings by
police, but all forms of misconduct. These and others changes are
required to ensure the protection of citizens, communities, and an
overwhelming number of police officers who are meeting their sworn
oaths to protect our communities. Bad cops are bad for good cops, and
we need to make sure we have a system in place to punish misconduct and
reward those who are upholding their sworn duty.
Now, while the murder of George Floyd and others has, again, exposed
the need for systemic change in police accountability, it also cries
out for systemic change to address racism embedded in our institutions.
The need for additional change does not mean we have not made progress
in our country on key issues of civil rights and political rights, but
it does mean we have a very long unfinished road ahead to achieve the
promise of equal justice, equal rights, and equal opportunity in
America. The murder of George Floyd comes in the middle of a pandemic
that has inflicted disproportionate harm on communities of color,
especially the Black community, because of deep underlying disparities
in our society that have been well documented. It comes amid a pandemic
that has shone a harsh light on deep inequality in our education
systems, including the digital divide and the homework gap, but so much
more.
The reality is we must put all of our systems under the microscope
and very intentionally root out racial bias and discriminatory impact.
In the city of Baltimore, in my State of Maryland, we have a terrible
legacy of housing segregation. Baltimore City had an explicit committee
on segregation, which was followed by harsh and restrictive covenants
and redlining that blocked our Black community from economic mobility.
That may seem like a long time ago, but the harmful impact of those
laws is lasting, and you can still trace those red lines separating our
neighborhoods today.
So let us be very clear here that these disparities can be directly
traced to policies that were designed to discriminate. For decades,
Federal, State, and local policies covering issues from housing to
banking amounted to nothing less than state--sponsored efforts to deny
African-Americans the basic equal rights they are owed under our
Constitution. While many of these policies are off the books today,
their legacy endures and practices endure, and it is our obligation at
every level of government to uproot and destroy those embedded policies
with the same kind of deliberation that they were put in place in the
first place.
Now, the protests taking place in Minneapolis and all across the
country are an expression of the deep pain caused by the continued
death toll and other harms caused by our failure as a nation to address
the underlying inequities in our society and in our institutions. That
is why people have taken to the streets to protest. It was Dr. King who
said: There can be no justice without peace, and there can be no peace
without justice. Real justice and real peace is long overdue.
Last night, in response to those protests, we witnessed something I
never thought we would see in the United States of America. We had the
President of the United States call up and order military police to
fire tear gas and rubber bullets at peaceful protesters to clear a path
for him to conduct a photo op in front of Saint John's Episcopal
church, a historic church close by to the White House.
Here is what Mariann Budde, the bishop of the Episcopal archdiocese
of Washington, had to say about what the President did. She made a
statement that outlined the President's abuse of their church for his
political purposes, and then the church itself issued the following
statement--I should point out that the pastor of the church and many of
the parishioners were at the protest and providing water and nutrition
to some of the protesters.
Here is what the leaders of the church said:
We at St. John's Church were shocked at the surprise visit
from the President this evening and even more appalled at the
violent clearing of Lafayette Square to make the visit
possible. St. John's is a community that welcomes all--from
powerful presidents to the homeless--to worship God. We fully
espouse the words of our Baptismal Covenant, which says, in
part, that we ``will strive for justice and peace among all
people and respect the dignity of every human being.''
[[Page S2656]]
Living that covenant, we stand with those peacefully
protesting the tragic and unnecessary death of George Floyd,
and the far too many who came before him.
We pray that our nation finally confronts its history of
racism and, as a result, can fully embrace the peace of God
that passes all understanding.
Those are really words that we should have heard from our President.
Instead, they came from religious leaders responding to the President's
use of their church for political purposes--and, in the process,
violating the First Amendment rights of peaceful protesters, the rights
of those protesters to peacefully assemble, as the President ordered up
military police to clear a peaceful crowd.
We also listened in disbelief as Mark Esper, the Secretary of
Defense, talked about turning public places into ``battle spaces'' to
be dominated. This is the Secretary of Defense, who is charged with
defending our country, talking about turning rubber bullets and tear
gas against peaceful protesters here in the United States.
We witnessed General Milley, Chairman of the Joint Chiefs of Staff,
in full military uniform, presiding over the breakup of this peaceful
demonstration.
I remind Secretary Esper and Chairman Milley that their oath is to
support and defend the Constitution of the United States, and they are
not permitted by that oath to follow illegal orders, even from the
President of the United States.
The President of the United States can give them what orders he
chooses, but the Constitution and their oath requires that their first
loyalty be to the United States of America and not to any one
individual.
So I think it is important that we investigate this incident and the
role that the Secretary and the Joint Chiefs of Staff played in
following the President's illegal orders, illegal because they
represented a gross violation of the First Amendment rights of citizens
of the United States to peacefully assemble.
Let me close with this. I said at the outset that this is a moment
when our country has different paths to choose and this Senate is very
much a part of deciding which path we will take. Will we take the path
that Senator Booker said of not only having moments of silence, but
working together to pass true reform to address police accountability,
to address other forms of systemic racism? Will we be willing to stand
up to the President of the United States when he violates the civil
rights and First Amendment rights of American citizens?
That is really a test for this institution, whether we are willing to
do our job and uphold our oath to the Constitution of the United
States.
Thank you, Madam President.
I yield the floor.
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