[Congressional Record Volume 167, Number 34 (Tuesday, February 23, 2021)]
[Senate]
[Page S802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Nominations

  Mr. President, on another matter, the Senate will continue to 
evaluate President Biden's nominees for critical positions throughout 
the Federal Government. Yesterday and today the Senate Judiciary 
Committee, on which I am privileged to serve, heard from Judge Merrick 
Garland and others who have testified in connection with his 
nomination. Of course, Judge Garland has been nominated to serve as the 
next Attorney General.
  I have said before publicly that Judge Garland is highly qualified 
for the job. He is a widely respected judge with the right experience 
and credentials and the right temperament to lead the Department and 
manage its many critical missions. I was struck by Judge Garland's 
humility and his humanity. I believe he is a good man and a good person 
for this job.
  But I have to say that I am under no illusion that he is going to be 
able to stop the policies of this administration, some of which I am 
not going to agree with, some of which I will fight and try to oppose.
  I am encouraged by Judge Garland's pledge to keep politics out of the 
Justice Department, which is a significant improvement over the past. I 
know our Democratic colleagues like to act like all of the concerns 
that we had about the Justice Department were just during the Trump 
administration, and so I did have to remind them that the Obama 
administration Justice Department had a few problems of their own.
  Nevertheless, Judge Garland, while we don't agree on everything--and 
it is true of other nominees of the President that I have supported--I 
don't think that is the standard by which I should provide my consent 
as a Senator. But I do believe he has the right experience and 
character to serve.
  Unfortunately I can't offer that sort of full-throated, enthusiastic 
support for the President's nominee to lead the Office of Management 
and Budget. The announcement of Neera Tanden's nomination managed to do 
something increasingly rare these days, and that is to put 
conservatives and progressives on the same side of the argument.
  Ms. Tanden has repeatedly made combative, insulting, and flat-out 
false statements against both Democrats and Republicans. She has 
referred to Republicans as ``evil'' and ``monsters.'' She has 
villainized Leader McConnell and called Senator Cotton a ``fraud'' and 
Senator Collins ``the worst.'' She has gone toe-to-toe with Senator 
Bernie Sanders, who accused her and her progressive organization of 
``maligning [his] staff and supporters and belittling progressive 
ideas.''
  She has even peddled a completely false conspiracy theory that 
Russian hackers changed votes in 2016 to help President Trump. In 
short, Ms. Tanden has consistently made comments that stand in stark 
contrast to the Biden administration's top goals of promoting the facts 
and unifying our country.
  Last Friday, the Senator from West Virginia, Senator Manchin, 
announced he will not support Ms. Tanden's nomination because of her 
inflammatory rhetoric that would, he said, have a ``toxic and 
detrimental impact'' on Congress's relationship with the Office of 
Management and Budget. Yesterday, Senator Collins, who is known for 
working across party lines, said she won't support this toxic 
nomination.
  I agree with our friends from West Virginia and Maine, and I think 
these announcements create a nearly impossible path to confirmation for 
this nominee. In order to be confirmed, she would need the support of 
at least one Republican Senator--and more, if there are additional 
Democrats who share the views of Senator Manchin.
  Based on her well-documented history of divisive and misleading 
comments, I think this nominee faces long odds, to say the least. My 
friendly advice to President Biden is to withdraw Neera Tanden's 
nomination and select someone who, at the very least, has not promoted 
wild conspiracy theories and openly bashed people on both sides of the 
aisle that she happens to disagree with.
  If President Biden is truly interested in unifying our country, I 
would expect him to select an OMB nominee with mainstream views and a 
proven ability to work respectfully with those who have different views 
from his or hers.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.