[Congressional Record Volume 169, Number 203 (Monday, December 11, 2023)]
[Senate]
[Pages S5893-S5894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Nomination of Richard E.N. Federico

  Mr. DURBIN. Madam President, today, the Senate will vote to confirm 
Richard E.N. Federico to the United States Court of Appeals for the 
Tenth Circuit.
  Born in Richmond, IN, Mr. Federico earned his B.A.J. from Indiana 
University in 1999, his J.D. from the University of Kansas School of 
Law in 2002, and his L.L.M. from Georgetown University in 2012.
  Since 2003, Mr. Federico has served the Navy in various positions 
both in the United States and abroad. More specifically, he has served 
as: trial counsel in Trial Service Office East of Naval Station 
Norfolk; director of military justice and trial counsel in the U.S. 
Regional Legal Service Office of Europe and Southwest Asia in Naples, 
Italy; defense counsel in the Office of the Chief Defense Counsel in 
the Office of Military Commissions; executive officer, senior defense 
counsel, and officer in charge at Naval Station Mayport in 
Jacksonville, FL; appellate defense counsel in the Appellate Defense 
Division of the Office of the Judge Advocate General in Washington, DC; 
military judge in the Navy-Marine Corps Trial Judiciary; and trial 
counsel for the Navy Reserve Region Legal Service Office Southwest at 
Navy Base San Diego.
  Between 2015 and 2017, he served as an assistant federal public 
defender in the Federal Public Defender's Office for the District of 
Oregon. In 2019, Mr. Federico was designated and certified by the Judge 
Advocate General of the Navy as a military judge. Throughout his naval 
career, on Active Duty and in the Reserves, he has also been detailed 
to serve in a quasi-judicial capacity as a preliminary hearing officer. 
Mr. Federico has been detailed to preside over 11 court-martial cases. 
Since 2020, Mr. Federico has served as senior litigator in the Federal 
Public Defender's Office for the District of Kansas. He previously 
served the office as an assistant Federal public defender and as a 
research and writing specialist. Throughout his career, Mr. Federico 
has tried dozens of cases to verdict in U.S. district courts and in 
military courts-martial, and he has also filed and argued several 
appeals.
  The American Bar Association unanimously rated Mr. Federico as ``well 
qualified,'' and his nomination is strongly supported by his home State 
Senators, Mr. Moran and Mr. Marshall.
  I am confident that Mr. Federico will serve honorably on the Tenth 
Circuit. I proudly support his nomination.


                      Vote on Federico nomination.

  The PRESIDING OFFICER. Under the previous order, The question is, 
Will the Senate advise and consent to the nomination?
  Mr. MERKLEY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Maryland (Mr. Cardin), 
the Senator from Pennsylvania (Mr. Fetterman), the Senator from New 
Mexico (Mr. Heinrich), the Senator from Hawaii (Mr. Schatz), the 
Senator from Rhode Island (Mr. Whitehouse), and the Senator from Oregon 
(Mr. Wyden) are necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the

[[Page S5894]]

Senator from Texas (Mr. Cruz), the Senator from Idaho (Mr. Risch), and 
the Senator from Indiana (Mr. Young).
  Further, if present and voting: the Senator from Indiana (Mr. Young) 
would have voted ``nay.''
  The result was announced--yeas 61, nays 29, as follows:

                      [Rollcall Vote No. 336 Ex.]

                                YEAS--61

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Capito
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Duckworth
     Durbin
     Ernst
     Gillibrand
     Graham
     Hassan
     Hickenlooper
     Hirono
     Hoeven
     Kaine
     Kelly
     King
     Klobuchar
     Lankford
     Lujan
     Manchin
     Markey
     Marshall
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Rounds
     Rubio
     Sanders
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Thune
     Tillis
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Wicker

                                NAYS--29

     Blackburn
     Boozman
     Braun
     Britt
     Budd
     Cotton
     Cramer
     Crapo
     Daines
     Fischer
     Grassley
     Hagerty
     Hawley
     Hyde-Smith
     Johnson
     Kennedy
     Lee
     Lummis
     McConnell
     Mullin
     Paul
     Ricketts
     Romney
     Schmitt
     Scott (FL)
     Scott (SC)
     Sullivan
     Tuberville
     Vance

                             NOT VOTING--10

     Barrasso
     Cardin
     Cruz
     Fetterman
     Heinrich
     Risch
     Schatz
     Whitehouse
     Wyden
     Young
  The nomination was confirmed.
  The PRESIDING OFFICER (Mr. King). On this vote, the yeas are 61, the 
nays are 29.
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

                          ____________________