[Congressional Record Volume 167, Number 124 (Thursday, July 15, 2021)]
[Senate]
[Pages S4920-S4921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Nomination of Tiffany P. Cunningham

  Mr. DURBIN. Mr. President, this week the Senate is going to consider 
Tiffany Cunningham's nomination to serve on the U.S. Court of Appeals 
for the Federal Circuit.
  This is truly historic. Once confirmed, Ms. Cunningham will be the 
first--the very first--African-American judge to serve on the Federal 
Circuit.
  She will not only bring diversity but an amazing set of credentials 
to the job. You see, the Federal Circuit is unique among Federal 
appeals courts. The jurisdiction of other appeals courts is based on 
geography--in other words, where the case arises. The Federal Circuit 
is a specialized court, with jurisdiction over particular legal issues, 
especially patent law.
  This court plays a critical role in ensuring that our innovation 
economy can continue to flourish. It requires judges who understand the 
complicated law that governs this area and who understand the 
experiences of Americans from all walks of life. Ms. Cunningham is that 
person. She received her undergraduate degree in chemical engineering 
from MIT and her law degree from Harvard Law School. After graduating 
law school, she clerked for the Federal Circuit.
  Ms. Cunningham boasts years of experience that will serve her well. 
For almost two decades, she worked as an intellectual property 
litigator in my home State of Illinois.
  In that role, Ms. Cunningham cultivated an in-depth understanding of 
every aspect of patent litigation, from the filing of the case, through 
discovery, trial, and appeal.
  She has also represented clients across a number of the fields, 
including mechanical engineering, chemicals, pharmaceuticals, biotech, 
computer science, and the automobile industry. Ms. Cunningham's clients 
include high-tech and Fortune 500 companies.
  Given her experience representing plaintiffs and defendants, she 
understands the importance of applying the law evenhandedly.
  Her technical expertise, her deep knowledge of patent law, and 20 
years of experience as an intellectual property litigator earned her a 
unanimous--unanimous--rating of ``well qualified'' from the American 
Bar Association.
  She received broad bipartisan support in my committee, with five 
Republicans joining all Democrats in voting to advance her.
  As a judge in the Federal Circuit, Ms. Cunningham will offer a 
perspective shaped by personal and professional experience that reflect 
the diversity of our Nation.

[[Page S4921]]

  Given her years of experience working on issues germane to the 
Federal Circuit, she will be ready upon confirmation to hit the ground 
running.
  Mr. President, at the end of her hearing, I said to her say: ``Why 
did you want to do this? Why would you go into public life? It seems 
like things are going pretty well for you as a lawyer.''
  She said: ``It has always been my dream to serve on this bench.''
  Well, I hope her dream comes true and the Senate helps her reach it. 
I urge my colleagues to join me in voting in favor of Ms. Cunningham's 
nomination
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Unanimous Consent Request--S. 1520

  Mrs. GILLIBRAND. Mr. President, I rise again today to call for every 
Senator to have the opportunity to cast their vote on the Military 
Justice Improvement and Increasing Prevention Act.
  It is time for us to look at this issue to move serious crimes like 
sexual assault and murder out of the chain of command and put them in 
the hands of well-trained military prosecutors who are independent, 
impartial, and highly trained uniformed prosecutors.
  This is an issue that deserves urgency. I began calling for this full 
floor vote on May 24. Since then, it is an estimate that 2,912 
servicemembers will have been raped or sexually assaulted during that 
time; more will have been victims of other serious crimes. Many will 
not even report these crimes because they have no faith in the current 
system, where decisions about whether to prosecute are made by 
commanders and not trained lawyers. And yet this vote continues to be 
delayed and denied, week after week.
  While I am glad to see that more of our colleagues have acknowledged 
that we must move sexual assault out of the chain of command, it is not 
enough. It doesn't address the fundamental flaw in the military justice 
system, which is that it asks commanders to act as judge and jury in 
highly complex crimes that they are not trained to do.
  In fact, the training commanders get includes just a few hours, at 
the most, on legal topics like military justice and unlawful command 
influence. No one could be expected to learn in a few hours what it 
takes lawyers years of study and decades of experience to master.
  That is why this bill would move serious crimes to the purview of 
those lawyers who have had the time to properly prepare for the job.
  Today, I would like to outline exactly which crimes this bill would 
move out of the chain of command. Opponents have tried to misrepresent 
these crimes the bill addresses. It does not, for example, deal with 
larceny under $1,000 or destruction of government property. Those 
crimes would stay with the commander.
  The bill includes a finite list of crimes. I will read them all now: 
recruit maltreatment, nonconsensual distribution of visual images, 
murder, manslaughter, murder of a pregnant mother, child endangerment, 
sexual assault, obscene mailing, sexual assault of a child, voyeurism, 
major financial crimes, major fraud, robbery, bribery, graft, 
kidnapping, arson, extortion, aggravated sexual assault, maiming, 
domestic violence, stalking, perjury, obstruction of justice, and 
retaliation.
  That is it. That is the list. Those are crimes that have punishment 
of more than 1 year associated with them.
  I ask those who oppose this reform to tell me why they would expect a 
commander with as little as a few hours of training to be prepared to 
try cases on obscene mailing or to be well versed on the elements of 
extortion. Tell me about the commander who understands the intricacies 
of using false documents to claim benefits or has the time to 
investigate complex financial frauds. Tell me about what leaves our 
commanders prepared to act as judge and jury in a murder trial or a 
kidnapping case.
  Our bill simply recognizes that these are serious crimes that require 
legal expertise to properly review and prosecute. By moving these 
crimes to independent military lawyers, this reform allows commanders 
to focus on what they are trained to do: preparing our troops to fight 
and win our Nation's wars.
  Additionally, the chairman has said that this bill would remove from 
the chain of command ``crimes that have been handled by the military 
chain of command effectively for years and years and years.''
  But, actually, that is not the case. They haven't been handled 
effectively.
  Just this week the Military Times reported on the case of Private 
Jonathan Lauture, who is alleged to have shot and killed Jason Lindsay 
in June 2019, when Lindsay entered Lauture's home in an attempt to 
intervene in a situation of domestic violence.
  His chain of command at Fort Bliss was aware of the killing, but they 
did not inform the Army's criminal investigation division. Instead, 
they quickly reassigned him to Fort Stewart, where he continued to 
assault his wife.
  The Military Times reports:

       Army investigators had no idea that the shooting had even 
     occurred, much less the domestic violence. . . . Lauture's 
     Fort Bliss chain of command did not inform the CID of the 
     shooting. Nobody did, until a domestic violence investigation 
     in December 2019 by Fort Stewart CID incidentally learned 
     that Lauture had [allegedly] killed a man who was attempting 
     to rescue his wife.

  That is how the current system handles alleged murder and domestic 
violence. It is not only ineffective, it is actively concealing 
information and hampering justice. That is why the current system is 
unacceptable.
  We have to reform the system. The Military Justice Improvement and 
Increasing Prevention Act is supported by experts, by servicemembers, 
and by a bipartisan filibuster-proof majority of Senators if we bring 
it to the floor.
  Mr. President, as in legislative session, I ask unanimous consent 
that at a time to be determined by the majority leader, in consultation 
with the Republican leader, the Senate Armed Services Committee be 
discharged from further consideration of S. 1520 and the Senate proceed 
to its consideration; that there be 2 hours for debate, equally divided 
in the usual form; that upon the use or yielding back of that time, the 
Senate vote on the bill with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. REED. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.

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