[Congressional Record (Bound Edition), Volume 153 (2007), Part 13]
[Senate]
[Pages 18942-18943]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       EFFORTS TO STALL PROGRESS

  Mr. LEAHY. Mr. President, I would like to outline some of the 
legislative activities of the Senate Judiciary Committee.
  Some would rather pick fights about controversial judicial nominees. 
The disappointing decisions from this year's Supreme Court term remind 
us that this President has been quite successful in moving the Federal 
courts to the right. This President has not only appointed two members 
of the Supreme Court but has also already appointed almost one-third of 
the 871-member Federal judiciary. When the appointments of his father 
and other Republican Presidents are considered, more than two-thirds of 
all current Federal judges were appointed by Republican Presidents.
  Of course, the Judiciary Committee has been engaged in oversight 
efforts this year with regard to the U.S. attorney scandal and other 
examples of White House interference with Federal law enforcement. 
Despite the attitude of the current administration, our Constitution 
does not include the phrase ``unitary executive'' or ``executive 
privilege.'' What the U.S. Constitution does provide in the oath of 
office is that the President must swear to ``faithfully execute the 
Office of President of the United States'' and ``preserve, protect and 
defend the Constitution of the United States.'' His essential duties 
require him to ``take care that the Laws be faithfully executed.'' I 
have great concern with regard to how this administration is fulfilling 
those essential duties. The political intrusion into the law 
enforcement functions of the Government through the scheme to fire and 
replace our U.S. attorneys is most troubling.

[[Page 18943]]

  The recent decision to override a prosecution, jury trial, conviction 
and prison sentence for one of his aides, to excuse his lying to 
Federal investigators and a grand jury and his perjury, and to reward 
his silence and purportedly bad memory seems an abuse of the 
constitutional pardon power. The lack of accountability for anyone in 
the Bush administration has reached new heights--or depths.
  The secret determination to ignore our surveillance laws and engage 
in years of warrantless wiretapping of Americans is another instance we 
are investigating that appears at odds with the Constitution's 
directive to ``take care that the Laws be faithfully executed'' and 
that the liberties of the American people secured by the Constitution 
be protected.
  While our oversight efforts have taken a good deal of time and 
effort, we have simultaneously succeeded in an ambitious legislative 
agenda. That is what I would like to focus on for a few minutes. While 
the committee has been productive in reporting a number of bipartisan 
measures to the Senate, Republican holds have to date been blocking 
Senate action on these measures.
  Republican holds and filibusters have not been limited to obstructing 
our efforts to support our troops, rebuild our National Guard, and 
bring an end to the failed policies that have led to the deaths of so 
many in a civil war in Iraq.
  Let me mention a few examples of beneficial legislation that are 
being stalled, as well:
  We just observed the 41st anniversary of the Freedom of Information 
Act ``FOIA'' on July 4. An important bipartisan FOIA reform measure--
the Openness Promotes Effectiveness in our National Government Act, the 
OPEN Government Act, S. 849,--was favorably reported in April. Its 
consideration has been blocked by a Republican objection.
  The OPEN Government Act promotes and enhances the public disclosure 
of government information pursuant to FOIA. This legislation will also 
provide much-needed reforms to strengthen FOIA by, among other things, 
helping Americans to obtain timely responses to their FOIA requests and 
improving transparency in the Federal Government's FOIA process.
  This bill is cosponsored by a bipartisan group of 14 Senators, 
including my lead Republican cosponsor Senator Cornyn. The OPEN 
Government Act is also supported by more than 115 open government, 
business and news media organizations from across the political and 
ideological spectrum, including, the American Library Association, the 
U.S. Chamber of Commerce, OpenTheGovernment.org, Public Citizen, the 
Republican Liberty Caucus, the Sunshine in Government Initiative and 
the Vermont Press Association.
  The passage and enactment of this important FOIA reform legislation 
will improve government transparency and openness for all Americans. 
The bill has now been stalled by Republican objection for several 
weeks.
  A second measure the committee reported months ago that has been 
stalled by unspecified objection from the other side of the aisle is 
The War Profiteering Prevention Act of 2007, S. 119. This bill provides 
a significant new tool for Federal law enforcement to combat the 
scourge of war profiteering, which is needed now more than ever given 
the ongoing reports of rampant fraud, waste, and abuse in Iraq and 
Afghanistan. The bill now has the support of Senator Sessions, after 
being modified to eliminate potential objections to specific language 
in the bill and we have circulated an amendment to combine it with the 
Sessions-Landrieu Emergency and Disaster Assistance Fraud Penalty 
Enhancement Act of 2007, S. 863, to be a legislative package that 
should win overwhelming bipartisan Senate support. Passage of this 
measure is long overdue and is being blocked by unspecified Republican 
objection.
  A third measure that the Judiciary Committee unanimously reported was 
the Emmett Till Unsolved Civil Rights Crimes Act, S. 535. This is a 
good bill, authored by Senator Dodd and Representative John Lewis in 
the House. The Senate bill and Senate consideration of the House-passed 
companion measure have been blocked by yet another Republican 
objection.
  These are just three examples of matters currently being delayed and 
obstructed by unspecified objection from the other side of the aisle. 
The American people may begin to see a pattern. Each of these measures 
should command majority support in the Senate. They may be able to 
command supermajority support on their merits. If we could only get to 
their merits. So while the Judiciary Committee has remained productive, 
its efforts to enact helpful, remedial legislation continue to be 
thwarted by Republican objections.

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