Interior, Environment, Financial Services, And General Government
Mr. President, I rise today to speak on the latest efforts to derail the nomination of Judge Brett Kavanaugh to be Associate Justice of the U.S. Supreme Court. I would like to focus today on a few areas where attacks have come up. Judge…
Mr. President, I rise today to speak on the latest efforts to derail the nomination of Judge Brett Kavanaugh to be Associate Justice of the U.S. Supreme Court. I would like to focus today on a few areas where attacks have come up.
Judge Kavanaugh's critics, faced with an exceptionally well- qualified, baseball-loving, carpool-driving nominee, are struggling to find anything that might slow or even stop his confirmation. Let me focus today on a few areas where their attacks have come up short.
It seems that some folks can't mention Judge Kavanaugh without suggesting in the same breath that his confirmation would somehow be the death knell of Special Counsel Mueller's investigation. It can be difficult to keep straight critics' dizzying array of claims on these separation of powers issues, but it is worth taking a closer look to set the record straight.
It was hard to miss the headline, ``Brett Kavanaugh Once Argued That a
Sitting President Is Above the Law,'' or the article that suggested Judge Kavanaugh ``has been an open advocate for precisely the sort of imperial presidency that the founders of the American experiment feared.''
Democrats soon piled on, but never in the law review article that spurred this hysteria did Judge Kavanaugh suggest that a President would be immune from civil or criminal liability. Rather, he suggested that, as a policy matter, it might be wise for Congress to enact a law that would defer such litigation until the President leaves office, and, of course, Congress could accelerate that timeline through impeachment.
Judge Kavanaugh's law review article represents an interesting policy proposal--and one, it is worth noting, that he offered while a Democrat was in the White House. The critics' attempts to equate his policy recommendations with his views on the constitutional limitations on prosecutions of sitting Presidents are simply wrong. If anything, Judge Kavanaugh's recommendation that Congress enact a law suggests that in the absence of any such legislation, a sitting President can be investigated and perhaps even prosecuted.
Then there was the hoopla over Judge Kavanaugh's statement that he would ``put the final nail'' in the ruling that upheld the constitutionality of independent counsels; never mind the fact that the independent counsel statute expired nearly two decades ago and was described by Eric Holder as ``too flawed to be renewed.''
Today, special counsels, such as Robert Mueller, are appointed pursuant to Department of Justice regulations. They do not represent the same constitutional concerns as the independent counsel statute. By conflating independent counsels and special counsels, Judge Kavanaugh's critics ignore his own record on the matter.
In a dissenting opinion he wrote last year, Judge Kavanaugh himself observed: ``The independent counsel is, of course, distinct from the traditional special counsels who are appointed by the Attorney General for particular matters.'' But Democrats just figure that the average American will gloss over the distinction between independent counsels and special counsels and tune out legal experts who say that Judge Kavanaugh's views on the independent counsel law have absolutely nothing to do with the Mueller investigation. By the time we are on to them, Democrats will have already moved on to a new line of attack.
The latest was the minority leader's suggestion that Judge Kavanaugh ``would have let Nixon off the hook'' based on comments Judge Kavanaugh once made about the Supreme Court's unanimous decision in the United States v. Nixon. They forced President Nixon to turn over the Watergate tapes, but those comments--read by some who would suggest that Judge Kavanaugh thinks the case was wrongly decided--ignores the context of those specific remarks and the mountain of evidence that Judge Kavanaugh agrees with the Court's ruling in Nixon.
There is the law review article in which Judge Kavanaugh wrote that there was ``no need to revisit'' Nixon and that the case ``reflects the proper balance of the President's need for confidentiality and the government's interest in obtaining all relevant evidence for criminal proceedings.''
More recently, he has cited Nixon as one of ``the greatest moments in American judicial history . . . when judges stood up to the other branches, were not cowed, and enforced the law.''
Those sure don't sound like the words of a judge who is critical of the Court's decision in Nixon, much less a judge who would vote to overrule it, but this more fulsome look at Judge Kavanaugh's writings on the issue is at odds with the Democrats' campaign to paint Judge Kavanaugh as an existential threat to the Mueller investigation. So they are content to cherry-pick and mischaracterize Judge Kavanaugh's record.
On the subject of Judge Kavanaugh's record, I would also like to talk about the Democrats' fixation on the issue of Judge Kavanaugh's documents from his years of service in the executive branch. It has only been 2 weeks since President Trump nominated Judge Kavanaugh, and yet Democrats seem more interested in using their time talking about documents they do not yet have rather than carefully reviewing the unprecedented number of documents that are already available to the Senate and the American public. Specifically, we aren't hearing much from Democrats about the more than 300 opinions Judge Kavanaugh has authored during his time on the Circuit Court of Appeals for the District of Columbia. In these opinions, Judge Kavanaugh has addressed a vast array of hot-button issues Democrats claim to be so interested in: separation of powers, administrative law, national security, religious liberty, immigration, and so many more.
Something Judge Kavanaugh told me when I met with him recently really stuck with me. He told me, he hoped people would actually read his opinions, not just articles about his opinions but actually read the opinions themselves. So I would urge my Senate colleagues to indulge Judge Kavanaugh on this point. These opinions are gold for any Senator making an honest effort to evaluate Judge Kavanaugh's judicial philosophy.
Judge Kavanaugh has spent the past 12 years in public service and as a Federal appellate judge. Now, he has been nominated to be--you guessed it--a Federal appellate judge. I can think of no better evidence of Judge Kavanaugh's judicial philosophy or his qualifications to serve on our Nation's highest Court than the thousands of pages and opinions he authored during his time on what is arguably our Nation's second highest Court. If Democrats actually took the time to follow Judge Kavanaugh's advice and read his opinions--not just articles about them or summaries prepared by staff--they might be disappointed to learn that there is nothing to suggest that people will die if he is confirmed, and they might actually learn how Judge Kavanaugh interprets the Constitution and the laws passed by Congress. Isn't that what all of this commotion is about? It is about documents. Isn't that really what it is about?
I suggest Judge Kavanaugh's opinions should be more than enough to assess his qualifications and judicial temperament, not to mention the thousands of pages from his time in the executive branch that are already publicly available. I understand this represents just a fraction of the documents the Senate will ultimately receive--likely to be far more than those received for any other Supreme Court nominee in history.
Senator Grassley has pledged that relevant records will be made available through a fair and thorough process, but, for some, it is never enough. We have heard Democrats claim they are not demanding every scrap of paper that crosses Judge Kavanaugh's White House desk, but they have also said the standard for determining what is relevant and subject to production should be whatever Senators--in other words, Democrats--think is relevant. Some have even claimed that all the documents are ``extremely relevant.''
Well, if Democrats think the standard for document production should be whatever Senators think is relevant--and they think everything is relevant--then it sure sounds like they are asking for every scrap of paper.
Now, it is true that Republicans sought White House documents for Justice Kagan's nomination, but these two nominations--Kagan and Kavanaugh--are hardly comparable. At the time of her nomination, Justice Kagan had no judicial record to speak of whatsoever, having never served as a judge at any level. She had no written opinions. There was almost nothing we could use to assess her judicial philosophy.
The White House record was among the very limited information we had to gauge her fitness to serve, so, of course, we asked to see it. By contrast, Judge Kavanaugh has 12 years of experience on the Circuit Court of Appeals for the District of Columbia, the second highest Court in this country, and that is not even to mention over 300 opinions.
Again, thousands of pages have been written clearly outlining Judge Kavanaugh's views on the Constitution. If Judge Kavanaugh's extensive record is not enough to paint a clear picture of judicial philosophy, then what is? What more do Democrats need to know that this is a man who is eminently qualified to serve on our Nation's highest Court?
I can only think of one reason a Senator would need every scrap of paper to evaluate the qualifications of a judicial nominee--any nominee, for that matter--that is, if they are going on a never-ending fishing expedition, which is clearly what the Democrats have been doing since the day Judge Kavanaugh's nomination was announced.
I urge my colleagues to follow Judge Kavanaugh's advice. Read his opinions. You undoubtedly will learn something about how Judge Kavanaugh interprets the Constitution and the laws passed by Congress. Then, by all means, continue your fishing expedition, but at least you will have consulted the record that matters the most.
All I can say is, this man has an excellent record. There are plenty of things to look at. The more you look at them, the more you realize this fellow does really belong on the Supreme Court, and he will make a difference in the future.
Pioneer Day
Mr. President, on another matter, I wish to speak today in celebration of Pioneer Day, a holiday my home State of Utah observes each July 24 to commemorate the arrival of the Mormon pioneers to the Great Salt Lake Valley. On this special day, Utah and communities in other States remember the extraordinary history of the Mormon pioneers who endured tremendous hardship in search of religious freedom in this great country that is set up for religious freedom, but they were mistreated and fought against from day one.
In honor of Pioneer Day, I submitted a Senate resolution recognizing the sacrifices of the Mormon pioneers in their pursuit of religious liberty and their invaluable contributions to the settlement of the American West. I hope the Senate will join me in commending the pioneers for their example of courage, industry, and faith that continues to inspire people throughout the world.
In the years following the establishment of the Church of Jesus Christ of Latter-day Saints in 1830, the Latter-day Saints--or Mormons as they are more commonly known--encountered much religious persecution in this freest of all lands. They suffered physical assault, threats of violence, death, in some cases, and war, prison, rape, and murder. Violent mobs damaged their houses and businesses, stole their property, and drove them from their homes. Especially devastating was the martyrdom of their leader and beloved prophet, Joseph Smith, who was shot and killed with his brother as well, by an armed mob.
Despite the discrimination and abuse they endured--sometimes at the hands of government officials who should have protected them from violence and injustice--the Latter-day Saints remained a patriotic people who loved and revered the Constitution of the United States. Still, they recognized they would need to seek refuge in an unknown territory to live in safety and practice their religion free from hostility and abuse.
In search of such a haven, the Mormon pioneers fled Illinois in the winter of 1846 and proceeded westward on a journey that would cover more than 1,300 miles of wilderness, across arid deserts, jagged mountains, and turbulent rivers.
Along the way, the Mormon pioneers erected bridges, built ferries, and cleared trails to assist those who would follow their path. They established communities, planted crops, and expanded trade posts that provided the crucial supplies necessary to survive expeditions onward. They learned how to irrigate and make the desert blossom as a rose, and their irrigation principles have been followed all over the world.
They set up trail markers and charted maps that guided thousands of settlers westward. The United States certainly owes a debt of gratitude to those pioneers for their contributions to our Nation's settlement of the West.
Their service to our country did not come without significant personal cost. Throughout the arduous trek, the pioneers battled harsh climates, illness, hunger, and exhaustion. Many lost their children, spouses, parents, and friends to exposure, disease, and starvation. Yet they confronted crippling sorrow and hardship with incredible grace and a steadfast trust in their Heavenly Father. They expressed gratitude for the strength to surmount each challenge and gloried in life's daily miracles. What could have broken their spirit only fortified their convictions and drew them closer to the Divine.
Upon entering Utah's Great Salt Lake Valley on July 24, 1847, their new leader, Brigham Young announced: ``This is the right place.'' This prophetic declaration foretold how the valley would become home to many Latter-day Saints and their posterity.
Unfamiliar with the area and with few resources at their disposal, the pioneers worked together to plant their crops, irrigate fields, and build houses and businesses, thus transforming the barren desert into a thriving set of communities.
Two years later, on July 24, the Latter-day Saints first commemorated their arrival to their new home with a procession to Salt Lake City's Temple Square for a special devotional followed by a feast of thanksgiving. Today, Pioneer Day is one of the largest regional celebrations in the United States, where we remember the early settlers with parades, flag ceremonies, reenactments, devotionals, sporting events, feasts, dances, concerts, festivals, rodeos, and fireworks.
The rich heritage of the pioneers is shared not only by Utahns and those of the Mormon faith but with people throughout the world, regardless of religious affiliation. These pioneers demonstrated what can be accomplished when industrious and resilient people stand together as one to build a brighter future. Their determination and ingenuity encourages our own pioneer spirit, calling on us to strive toward further progress and innovation. Their example of courage empowers us to triumph over adversity and inspires us to press forward with unconquerable faith and undaunted hope.
On Pioneer Day this July 24, I hope we not only remember these remarkable pioneers but reflect on what we can do to follow in their footsteps and ensure their legacy lives on in us and in future generations.
I am proud to be a descendant of these pioneers. My family was part of the pioneers. Yes, I was born in Pittsburgh, but I couldn't wait to move to Utah. I love Pittsburgh, but I love Utah more. I have to say, part of that is because of my pioneer heritage and my desire to see that Utah continually improves itself and continually makes its case on how important these pioneers really were and are to us even today.
I yield the floor.