Urging Senate To Reject Nomination Of Sen. Jeff Sessions For Attorney General
Mr. Speaker, I include in the Record the text of an op-ed that was published yesterday in The Hill, entitled ``When It Comes to Leading the Justice Department, the Senate Should Just Say No To Sen. Sessions,'' whose headquarters building…
Mr. Speaker, I include in the Record the text of an op-ed that was published yesterday in The Hill, entitled ``When It Comes to Leading the Justice Department, the Senate Should Just Say No To Sen. Sessions,'' whose headquarters building is named after Robert F. Kennedy, by Congresswoman Sheila Jackson Lee.
[From The Hill, Feb. 8, 2017]
When It Comes to Leading the Justice Department, the Senate Should Just
Say No to Sessions
(By Sheila Jackson Lee)
Many people think the role of the U.S. Attorney General is
simply to be the nation's chief prosecutor. This seriously
understates the responsibility, power, and moral authority of
the office. The attorney general is the lawyer for the
American people. He is not the president's lawyer. The
Attorney General leads the Department of Justice and justice
is his client and his mission. As a member of the President's
Cabinet, it is important that the Attorney General have the
trust of the President, but as the ``People's Lawyer,'' it is
essential that he or she have the trust and confidence of the
American people.
The nomination of U.S. Sen. Jefferson Beauregard ``Jeff''
Sessions III of Alabama to be the next Attorney General of
the United States does not inspire the required trust and
confidence.
Many of the senator's supporters, ranging from his
Republican colleagues in the Senate to current and former
staffers to home state friends and constituents, praise the
senator for his modesty and courtesy and manners. The four-
term senator and former state and federal prosecutor is, we
are told, learned in the law, a person of deep faith, a good
man who loves his family, his state, and his country.
We can, as the lawyers say, stipulate that these assertions
are true. But that does not make him an appropriate and
deserving candidate to be Attorney General of the United
States. And that is because the office of Attorney General
and the Department of Justice he or she leads is different in
a very fundamental way from every other Cabinet department.
Unlike, say, the secretary of Transportation or Commerce or
Education, or even the secretary of Defense or State, the
Attorney General leads a department that is charged with
administering the laws and enforcing the Constitutional
guarantees and protections that directly affect every
American, all 320 million of us.
Sen. Sessions may be a courtly and courteous Southern
gentleman but those qualities, charming and desirable as they
may be in a senator, simply are not nearly enough to make one
fit to serve as Attorney General of the United States of
America.
The position of Attorney General is unique because he or
she is the only Cabinet officer who owes a stronger
allegiance to the American people than to the president who
nominated him or her. This is not true even for the
secretaries of State, of Defense, or of the Treasury because
while they are all charged with upholding the Constitution,
their views regarding the fundamental rights and civil
liberties of the American people are not essential to the
execution of their governmental duties.
One of the major reasons why the nomination of a sitting
four-term senator to be Attorney General is unprecedented is
that the role of a senator is to be a partisan advocate for
specific legislative outcomes while the role of the Attorney
General is to enforce the law. It is dangerous to combine
this partisan zeal with the power and discretion vested in
the Attorney General to shape legal policy in the federal
judiciary. As Attorney General, Sen. Sessions will have an
outsized role in determining which cases will be brought and
what position the United States will take in cases decided by
the Supreme Court.
An alarming case in point is the Executive Order issued by
the president banning Muslims from predominately Muslim
countries from entering the United States, which has been
denounced by leading national security and foreign policy
experts, deemed unconstitutional by scores of law professors
and other scholars, sparked peaceful mass demonstrations
across the nation, and is opposed by a majority of the
American public. The president's ban on Muslims entering the
United States was deemed such a clear and egregious violation
of the Constitution that then Acting Attorney General Sally
Yates announced that she could not, consistent with her oath,
defend the order in court.
Sen. Sessions, however, appears not be troubled in the
slightest by the cavalier rejection of the principle of
religious liberty implicit in the executive order. This is
hardly surprising since Sen. Sessions was one of the
earliest, most influential, and enthusiastic backers of the
Trump presidential campaign and its unconscionable and
unconstitutional immigration policies, including the ``total
and complete shutdown of Muslims entering the United States''
announced by candidate Trump in December 2015. As Sen.
Sessions told ABC News in May 2016: ``I don't think Trump has
gone too far, . . . we should have a temporary ban on entry
of people into the country from the Muslim world, but that's
because we have an ineffective screening process . . . so I
think we're moving in the right direction.''
As noted by the more than 1,000 State Department employees
who have registered their dissent to the executive order,
because there has been a virtual absence of terror attacks
committed in recent years by Syrian, Iraqi, Irani, Libyan,
Somalia, Sudanese, and Yemeni nationals living in the United
States, the president's Muslim ban will have little practical
effect in improving public safety.
What it will do, however, is despoil our relations with
these countries, and much of the Muslim world, which sees the
ban, rightly, as religiously-motivated. So instead of
strengthening relations with countries that should be our
allies and partners in the fight against terrorism, we
alienate them, inflame sentiment against the United States
among their citizens, and deprive ourselves of vital
intelligence and resources needed to fight the root causes of
terror.
Adoption of this wrong-headed policy appears to mean to
Sen. Sessions that ``we're moving in the right direction.''
That any member of the President's Cabinet could hold these
views is very troubling. That such views are held by the
person who could be the Attorney General is frightening and
disqualifying.
After all, the U.S. Attorney General and Justice Department
is not only the instrument of justice but also the living
symbol of the Constitution's promise of equal justice
under law. The nation's greatest Attorney Generals
conveyed this commitment to equal justice by their prior
experience, their words and deeds, and their character.
Think Herbert Brownell, Attorney General for Republican
President Eisenhower, who oversaw the integration of Little
Rock's Central High School. Think Robert Jackson, Attorney
General for Democratic President Franklin Roosevelt, who led
the prosecution team at the Nazi War Crimes trial in
Nuremburg, Germany. Think Robert F. Kennedy, for whom the
Main Justice Building is named, bringing to bear the
instruments of federal power to protect Mississippi Freedom
Riders and to stare down Gov. George Wallace in the
successful effort to integrate the University of Alabama.
Think Elliot Richardson, Attorney General under Republican
President Richard Nixon, who stood for fidelity to the U.S.
Constitution and the rule of law in the infamous `Saturday
Night Massacre' during the Watergate scandal.
Those who argue the Sessions' nomination is no different
than those of Eric Holder and Loretta Lynch are simply wrong.
The difference is stark--Eric Holder and Loretta Lynch came
to the office of Attorney General as career professionals
with no history or record of partisan political advocacy.
Unlike Sen. Sessions, neither of them ever served in a
legislative body or voted to pass or defeat the legislation
the Department of Justice is charged with administering.
Nothing in Sen. Sessions' 70 years inspires any confidence
that he possesses the qualities of any of our distinguished
former Attorneys General and there is less reason for
optimism that he will grow in office.
As a U.S. senator from Alabama, the state from which the
infamous Supreme Court decision in Shelby County v. Holder
originated, Sen. Sessions has failed to play a constructive
role in repairing the damage to the Voting Rights Act caused
by that decision. He was one of the leading opponents of the
reauthorization of the Violence Against Women Act. Sen.
Sessions's record in support of efforts to bring needed
reform to the nation's criminal justice system is virtually
non-existent. And his Senate voting record and rhetoric has
endeared him to white nationalist websites and organizations
like Breitbart and Stormfront.
Sen. Sessions was the first federal prosecutor in the
country to bring charges against civil rights activists for
voter fraud and has called the landmark Voting Rights Act ``a
piece of intrusive legislation.'' He is one of the Senate's
most hostile opponents of comprehensive immigration reform
and was a principal architect of the draconian and incendiary
immigration policy advocated by the current president during
the 2016 campaign. When it comes to the effort to diversify
the federal judiciary in his home state of Alabama and the
Eleventh Circuit Court of Appeals, Sen. Sessions has at best
been missing in action.
As Attorney General of the state of Alabama, Sen. Sessions
fought to continue practices that harmed schools
predominantly attended by African-American students,
including leading the fight to uphold the state of Alabama's
inequitable school funding mechanism after it had been deemed
unconstitutional by the Alabama circuit court. Although Sen.
Sessions has publicly taken credit for desegregation efforts
in the state of Alabama, there is no evidence of his
participation in the desegregation of Alabama schools or any
school desegregation lawsuits filed by then-Attorney General
Sessions.
Sen. Session's lengthy public record makes it difficult to
place much faith in his testimony before the Senate Judiciary
Committee. After staunchly opposing the Violence Against
Women Act, the repeal of ``Don't Ask, Don't Tell,'' the
expansion of anti-hate legislation to include sexual
orientation, and fighting the removal of the Confederate flag
from public buildings, the long-time opponent of voluntary
desegregation in Alabama now claims to be committed to the
cause of equal opportunity for all Americans. The proponent
of overruling Roe v. Wade now presents himself as a defender
and protector of a woman's right to choose. The outspoken
advocate of unfettered Second Amendment rights now says he
can be trusted to enforce the nation's gun violence
prevention laws.
Actions speak louder than words, and in the case of Sen.
Sessions his 30-year record of intense opposition on so many
critical issues involving civil rights, women's rights,
voting rights, criminal justice and immigration reform, and
equal educational opportunity is the most compelling and
powerful evidence that he should not be confirmed by the
Senate to be the nation's 84th Attorney General.