[Congressional Record Volume 170, Number 41 (Thursday, March 7, 2024)]
[Senate]
[Pages S2265-S2266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Adeel A. Mangi
Mr. DURBIN. Mr. President, I have an extraordinary responsibility as
chairman of the Senate Judiciary Committee--important legislation and,
probably more important, the filling of vacancies in our Federal
judiciary.
Under article III of our Constitution, we create judges, and there
are approximately 890 of these Federal judges across the United States.
As vacancies occur, as they often do, the Senate Judiciary Committee,
working with the White House and Members of the Senate, has to do
background checks on these individuals, submit them to the FBI for
further background checks, do our own due diligence, consider them in
an open hearing before the committee, and ultimately vote in committee
before they come to the floor for advice and consent.
So far this year--I should say in this term--under President Biden,
we have had 181 Federal judges who have gone through this process--been
cleared on the floor, reported out of the Senate--and are now serving
their Nation in this capacity.
I can tell you that it is not an easy process. Lengthy questionnaires
are given to each nominee to identify so many details of their lives, I
find it hard to believe they kept track and record of it, but they did.
Then, of course, Agencies call to verify the contents and answers in
those questionnaires. Then they go through close scrutiny by the staff
of the Judiciary Committee on both sides, Democrats and Republicans.
Then comes the day of reckoning when they have their hearing in a
public setting. Many of these nominees are questioned extensively by
members of the committee. I will tell you, politics ain't beanbag, and
when it comes to the questions asked of judicial nominees, it is a
serious process.
[[Page S2266]]
We have gone through more than 200 under the Biden administration in
the Senate Judiciary Committee. Some of them have had a tough time of
it, many of them had an easy time of it, but they all go through the
same process.
One of the most important accomplishments of this administration has
been the confirmation of highly qualified, I believe evenhanded judges
to the Federal bench.
As I mentioned, to date, we have confirmed 181 lifetime judges,
including a number of firsts--the first Black woman and public defender
on the Supreme Court of the United States, the first Muslim-American
judge on a district court, the first Asian-American judge on the
Seventh Circuit. We should add another first to that list--Adeel Mangi
to the Third Circuit.
Mr. Mangi is a highly qualified nominee with incredible credentials
and more than two decades of litigation experience. He would be the
first Muslim American to ever serve on a Federal appellate court.
Nevertheless, he is going through scrutiny unlike anything I have
ever seen. He has been criticized and questioned in a way that I have
never seen before in the committee. Unfortunately, many of the
questions that have been raised about Mr. Mangi and his background have
created suspicions in people's minds that his religion is the reason
for the questioning.
Treatment of this highly qualified nominee has sometimes reached an
alltime low. At the hearing in December, committee Republicans
subjected Mr. Mangi to combative lines of questioning about the Israel-
Hamas war. This is a man who is seeking to serve on a Federal bench in
appellate court. The questions that are asked of him were more
appropriately asked of the Secretary of State or the Secretary of
Defense.
At one point, a Republican Senator asked this Muslim American the
following question: Do you celebrate the anniversary of 9/11 in your
home? Think about that for a second. Because he is Muslim, this Senator
thought it was appropriate to ask him whether he celebrated 9/11 in his
home. He, of course, said no. He was a resident of New York and thought
it was a tragedy that occurred in our Nation, and he had friends and
family who were affected by that tragedy.
During his hearing, under oath, Mr. Mangi unequivocally condemned
anti-Semitism in all forms and condemned any acts of terrorism no fewer
than 10 times. Think of that. Because he is a Muslim American, he was
asked 10 different times whether he was anti-Semitic. He, of course,
said no on each occasion. He also repeatedly denounced any form of
hatred or bigotry in his answers to written questions.
Any insinuation that Mr. Mangi is anti-Semitic is rooted in prejudice
that has no place in our country, and claims that were made are false.
As he explained, ``I have [ ] worked extensively to advance religious
liberty, which I consider to be a fundamental American value, and to
combat religious bigotry against any religious group. I have been proud
to represent a unique and massive coalition that I built over many
years involving major Christian, Jewish, Muslim, Hindu, Sikh, and other
religious groups on matters of common interest.''
Mr. Mangi has also been unfairly attacked for his nominal affiliation
with the Alliance of Families for Justice. Critics have falsely claimed
that because of his minimal involvement with this organization, he has
somehow associated himself with violent criminals and supports ``cop
killers.'' That charge was made on the floor of the Senate against Mr.
Mangi.
Nothing could be further from the truth. As a longtime corporate
lawyer, Mr. Mangi has never said or written anything--anything--that
suggests he supports individuals who have murdered members of law
enforcement. He has never--never--represented or otherwise provided
legal counsel to anyone accused of killing a police officer.
During the Trump administration, Republicans voted unanimously to
confirm two judges who had personally represented individuals who had
killed police officers.
Let me add quickly that everyone in America has the right to counsel.
The crimes they may be charged with could be horrendous, but they still
have the right to legal representation.
But to think that they would accuse Mr. Mangi of somehow supporting
cop killers when he has never been involved with a client charged with
that crime--the treatment of Mr. Mangi by some Republicans puts their
hypocrisy on full display. There cannot be one standard for Republican
appointees and another for Democratic appointees.
Mr. Mangi is eminently qualified. He is a graduate of Oxford and
Harvard Law School. He spent more than two decades in private practice
at a preeminent law firm, focusing on complex commercial litigation. He
has served as counsel of record in more than 30 matters before Federal
appellate courts, as well as eight amicus briefs submitted to the
Supreme Court.
Throughout his career, Mr. Mangi has also demonstrated a deep
commitment to pro bono work. In fact, he has devoted more than 4,000
hours to representing clients in religious discrimination, employment
discrimination, and asylum cases.
Given Mr. Mangi's record, he has earned the support of a wide range
of organizations, including organizations representing more than 1
million Jewish Americans.
Listen to what the National Council of Jewish Women had to say about
Mr. Mangi:
He is highly qualified to serve on this court, bringing a
wealth of professional and personal experience in addition to
extraordinary legal qualifications.
Yet some of the Republican Senators on the committee suggested he was
anti-Semitic, prejudiced against Jewish people. This endorsement by the
National Council of Jewish Women clearly says otherwise.
Following Mr. Mangi's hearing, the Anti-Defamation League, an
organization which is dedicated to rooting out prejudice against Jewish
people, sent a statement to the committee, unsolicited by me, in which
they said:
Berating the first American Muslim federal appellate
judicial nominee with endless questions that appear to have
been motivated by bias towards his religion is profoundly
wrong.
Mr. Mangi also has the support of a number of law enforcement
organizations, from the New Jersey chapter of the National Organization
of Black Law Enforcement Executives to the Hispanic American Law
Enforcement Association.
Mr. Mangi stated:
I am ready and prepared to be held accountable for any
statement that I have ever made, any word that I have ever
written, or any action that I have ever taken.
He went on to say:
I am not and should not be held accountable for statements
made by people I do not know at events that I was not
involved [in].
Mr. Mangi is right. He should be judged based on his record, not on
dishonest, bad-faith insinuations.
I urge my colleagues to dismiss the smear campaign against Mr. Mangi
and support his nomination.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. WELCH. Mr. President, before I begin my remarks, I just want to
associate myself with the remarks of the chair of the Judiciary
Committee about the nominee. Everything he said is true. I share his
horror at the vilification of him, which I do believe is based on his
faith, and he would be an outstanding member of the Federal court.
Thank you, Mr. Chairman, for your defense on behalf of an excellent
nominee.