[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Pages 12845-12846]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                TOBACCO

  Mr. KENNEDY. Mr. President, this morning's reports on the Justice 
Department's tobacco case are deeply disturbing for all Americans 
concerned about the health of their children. The Justice Department 
memos obtained by reporters show that high-level Bush administration 
political appointees overruled professional lawyers in the case in 
slashing damages the tobacco companies would be required to pay. There 
is no clearer example of this administration's view that Government and 
the courts should protect big corporations first and real people last. 
Whether it is global warning or Iraq or tobacco, their view is that the 
facts should never be allowed to get in the way of their rightwing 
politics.
  There are few initiatives that would have a greater impact on the 
health of our children than smoking prevention. No parent in America 
ever says, ``I hope my child grows up to be a smoker.'' Parents know 
that every child we prevent from smoking will have a healthier, fuller, 
happier life.
  That is what this lawsuit was all about--requiring big tobacco 
companies to pay for antismoking programs.
  I urge the President to intervene with his Justice Department. They 
made a political decision to back big tobacco. Now the President should 
make the responsible decision to back America's families.
  If the tobacco companies do not pay for their misdeeds, then our 
families will pay with more cancer, more illness, and shortened lives.
  From a public interest perspective, the worst thing would be for the 
Justice Department to settle with the tobacco companies based upon the 
weak

[[Page 12846]]

and inadequate demand that DOJ made to the court last week. At this 
point, we have far more confidence that the court will do the right 
thing than the Justice Department will do the right thing. The court 
has the authority to look beyond the Justice recommendations and to 
order strong remedies based on the evidence presented at the trial. We 
should let the court decide.

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