Richard Durbin

Mr. DURBIN

Mr. DURBIN. Mr. President, many Senators use this bully pulpit to wax poetic, but only on special occasions do I actually quote poetry. Today, as I honor my former colleague, friend of several decades, and our Nation's 46th President, it feels appropriate to do so. History says Don't hope on this side of the grave But then, once in a lifetime The longed-for tidal wave Of justice can rise up And hope and history rhyme. I recited these words--some of President Biden's favorites, by Irish poet Seamus Heaney--on the evening of his inauguration as our Nation's Vice President in 2008. As I reflect on his time in our Nation's highest office, I think it is only right to use these words again. Over the course of his long service to this country, President Joseph Biden has been the source of hope and an author of history. And just as Heaney observed, he became one of the rare leaders who have made hope and history rhyme. America is better for it. Over the decades I have known President Joe Biden, he has proven to be one of the finest public servants America has seen. Coming from humble beginnings, he worked hard and put himself in positions to give back to this Nation that has given so much to him. When it came to making decisions of consequences on issues that mattered most to the American people, Joe Biden put America first. Through immense personal tragedy, through setbacks and obstacles, President Biden has taken the strength and wisdom he learned from his family, held steadfast on to his faith in America, and gave millions of people in this Nation reasons to hope. His record as a Senator, while serving as Vice President under Barack Obama, and while sitting behind the Resolute Desk himself speaks for itself. When future generations hear the name ``Joe Biden,'' they will think of the incredible growth, recovery, and progress America has made under his leadership. The COVID-19 pandemic changed life in America as we knew it. It claimed thousands of American lives per week and brought our economy to a virtual halt. But thanks to Joe Biden, we recovered from the devastation of this pandemic. We passed the American Rescue Plan to support working families and businesses and address the public health crisis. This law deployed vaccines to millions of Americans and normalcy returned. In 2020, the world economy was in shambles due to COVID-19. In April 2020, our economy lost nearly 21 million jobs in a single month, and our unemployment rate skyrocketed to 14.7 percent. But thanks to Biden's leadership, many workers were able to get back to work. Since Joe Biden has taken office, our economy has added 16 million jobs. Twenty million new business applications have been filed, the most in any single Presidential term in history. And under Joe Biden, unemployment was under 4 percent for the longest stretch in 50 years. Four years ago, ``Infrastructure Week'' was nothing more than a punch line and a broken promise, but thanks to Joe Biden, we passed a bipartisan infrastructure law that replaced our aging infrastructure and expanded access to clean drinking water and the high-speed internet. Thanks to Joe Biden, we took historic action to address the climate crisis through the Inflation Reduction Act, the most significant investment in clean energy, sustainability, and climate resilience in America's history. And we guaranteed American leadership in science and technology with the Chips and Science Act, a bipartisan bill bringing semiconductor manufacturing back to America and bolstering our competitiveness for generations. Because of his leadership, we were able to enact the most significant gun safety legislation passed in nearly 30 years--the Bipartisan Safer Communities Act. Thanks to Joe Biden, over $180 billion--billion dollars--in student loan debt has been forgiven for more than 5 million Americans, giving them, finally, a chance at life. We lowered the cost of prescription drugs, made historic gains in expanding health insurance coverage, and continue to fight for the reproductive rights of all Americans. History will also remember Joe Biden for the Violence Against Women Act. He wrote the bill. He championed it while in the Senate, bipartisan legislation aimed at making sure every woman can live free from fear, violence, and abuse. And as chair of the Senate Judiciary Committee, I am proud to say that I worked with Joe Biden to confirm 235 judges to the Federal bench under his leadership, including the first African-American woman and former public defender as a member of the Supreme Court, and that is only here at home. On the global stage, he restored faith in America as a world power, a global leader, and a responsive ally that would not tolerate the post- World War II global order to be undermined by autocrats like Putin. He defended Ukraine, boosted competition with China, and strengthened alliances in the South Pacific. He oversaw the expansion of NATO and its bolstering of defenses of its Baltic members. But, most importantly, thanks to Joe Biden, the Office of President once again stood for decency, civility, respect, and empathy. I sincerely hope our Nation does not lose sight of these values. There is no doubt, when it comes to Heaney's words, President Biden's life has imitated art. Throughout his time in public service, President Biden inspired hope in so many millions of people, and in his commitment to ensuring that America lived up to her lofty ideals, he left a legacy that will shape history. President Biden, it has been an honor to count myself as your colleague and your friend. On behalf of a grateful nation and the world, I want to say to you-- and to Jill and all of your family who shared you with us for so long-- thanks for making hope and history rhyme. I yield the floor.

Mr. DURBIN

Mr. DURBIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. DURBIN

Mr. DURBIN. Madam President, reserving the right to object.

Mr. DURBIN. Madam President, I listened carefully to the presentation of the Senator from Arkansas and waited to hear five words. I waited patiently as he described these heinous crimes and the action of President Biden--waiting to hear five words. To my knowledge, unless I missed it, he went through his whole speech without mentioning those five words. They are critical to this whole issue. I would like to clarify the record on Biden's recent clemency efforts. On December 23, President Biden announced he would commute the sentences of 37 of the 40 individuals who were on Federal death row. These individuals will now have their sentences reclassified from execution--here are the five words--to life without possibility of parole--life without possibility of parole. Now, I understand Senator Cotton is opposed to the President's commutations in at least two of these cases. I want to be clear. The crimes he described, the crimes these individuals all committed are egregious, and there must be accountability. The President's decision provides for accountability. With a term of life imprisonment without the possibility of parole, this will ensure that these individuals will never again pose a threat to public safety, never again enjoy freedom in their entire human lives. Now, my colleague from Arizona may disagree with the decision. That is his right. But I have long advocated for the abolition of the Federal death penalty. And I know he sees it differently. I commend President Biden for his leadership. The death penalty is deeply, deeply flawed. History tells us a terrible tale of the victims of the death penalty in America. It has disproportionately been applied to people of color. That is a fact. That is why I serve as lead sponsor of the Federal Death Penalty Prohibition Act, bicameral legislation to prohibit the use of the death penalty at the Federal level. I spoke out in July of 2020, when the Trump administration ended a 17-year hiatus on Federal executions. In total, Trump oversaw 13 executions in the last 6 months of his Presidency. I will continue to urge Congress to pass my legislation to end the Federal death penalty, following the lead of 23 States that have already done so, including my State of Illinois. This failed and unjust policy has no place in a civilized society. If Senator Cotton is concerned about undermining the rule of law and robbing victims of justice, we should consider for just a moment President Trump's pardons--for example, President Trump's decision to grant clemency to all 10 healthcare executives and doctors convicted in one of the largest Medicare fraud schemes in the history of our country. These decisions wiped away years of prison sentences because of the action taken by President Trump and restitution totaling hundreds of millions of dollars from some of the worst healthcare fraudsters in America's history. At least seven people pardoned by Trump have gone on to be charge with another crime, a new one. President Trump also used his pardon power to provide relief for his political loyalists. Who am I referring to? His former campaign manager Paul Manafort, his National Security Advisor Michael Flynn, his former adviser Steve Bannon, and at least seven Republican Congressmen who have been convicted of crimes. Now President Trump has promised he will pardon the January 6 rioters on day one of his new administration. He calls them ``political prisoners.'' I would like to ask my colleague from Arkansas if he supports pardoning the following individuals: David Dempsey, convicted of assaulting police officers by using ``his hands, feet, flag poles, crutches, pepper spray, broken pieces of furniture, and anything else he could get his hands on'' as a weapon. How about Shane Jenkins--a Trump pardon--convicted of using two axes to break into the Capitol and assaulting police officers by throwing furniture and a flagpole at them. Kyle Fitzsimons, convicted of five separate assaults against law enforcement, including one that caused career-ending, life-altering injuries to U.S. Capitol Police Sergeant Aquilino Gonell. A pardon? Is he ready for a pardon? Kenneth Bonawitz--a member of the so-called Proud Boys--assaulted at least six officers, placing one officer in a choke hold, lifting him by the neck. Bonawitz injured one officer so severely, it forced him into retirement. I don't recall the Senator from Arkansas or any of his Republican colleagues introducing similar resolutions to criticize any of President Trump's pardons, and I haven't heard any Senate Republicans urging President-elect Trump not to pardon the January 6 rioters. President Biden's commutations providing for life imprisonment without parole are far more defensible than President Trump's use of the pardon power during his first term or what he is planning for the first day of his second term. For these reasons, I object.

Mr. DURBIN. Mr. President.

Mr. DURBIN. If the Senator from Arkansas wants to police the use of pardon power, I urge him to instead support my resolution urging President-elect Trump not to pardon crimes committed during the January 6, 2021, attack on the U.S. Capitol. Even our former Senate colleague Vice President-elect Vance said this week: If you committed violence on [January 6], obviously you shouldn't be pardoned. I hope the Senator from Arkansas agrees. So I ask unanimous consent on my resolution. It is a resolution that contains the allegations which I made earlier. Let me read the necessary script for the record. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of my resolution at the desk; further, that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. DURBIN

Mr. DURBIN. Mr. President, later today, the Senate will vote on the motion to proceed to legislation known as the Laken Riley Act. The loss of a child is something no parent should have to endure. My thoughts and prayers are with the family of Laken Riley--by any measure, an outstanding young woman. We should do everything possible to make sure this type of tragedy never occurs again. But I do have concerns about some of the language in this legislation. Let me give you an example. This bill would mandate immigration detention for an undocumented immigrant if they are arrested for shoplifting--even if they are never charged or convicted for that offense. Most people, having paid a little attention to law enforcement review, television, movies, know the process. You steal a candy bar, a hand on the shoulder, clerk says: Wait a minute. What are you doing here? Next thing you know a policeman is called in; he arrests you for shoplifting. They then take you in and charge you with that crime. You make a plea, guilty or not guilty. Ultimately, it is resolved by a trial of some nature. That is the ordinary process. The question is whether someone should be deported the very first time that the hand reaches your shoulder with candy bar in hand but no charge of any crime. That is what this bill does. That is going a little bit too far as far as I am personally concerned. This bill would mandate immigrant detention if they are arrested for shoplifting, not convicted, even if they are never charged or convicted. Current law requires mandatory detention of individuals with serious criminal convictions by Immigration and Customs Enforcement, better known as ICE. This has been on the books for a long time. It is the right thing to do. I don't want dangerous people coming into this country, and I don't want anyone dangerous and undocumented to stay in this country, period. Existing law gives ICE discretion to detain undocumented immigrants on a case-by-case basis. ICE assesses each case individually so the Agency's limited resources are used effectively to protect national security and public safety. This bill, as currently written, would eliminate ICE's discretion to prioritize detention and deportation of dangerous individuals. Instead, it requires--requires--ICE to treat a child arrested for shoplifting candy the same as an adult convicted of child abuse. Why? In practice, this would overwhelm ICE detention facilities and make America less safe. Let me tell you some of the numbers of this what appears to be simple bill. ICE told my office that this legislation would require them to detain more than 65,000 immigrants, but Congress has only provided ICE with funding to detain 42,000, and the Agency is already holding nearly that many. So if this legislation becomes law, ICE would be forced to release tens of thousands of other immigrants who were detained under ICE's current policies, which prioritize those who pose a threat to public safety. This bill would also grant State attorneys general the standing to sue if the State disagrees with many unrelated decisions made by Federal immigration authorities. It would require Federal courts to prioritize these cases to the greatest extent possible. This would rob Federal judges of the ability to control their courtrooms and grind their dockets to a halt. These standing provisions would also undermine the supremacy of the Federal Government over immigration and border security, which is established by our Constitution. They could also dramatically reduce legal immigration to our country. Because of the way it is drafted, the Department of State, under any administration, could be blocked from issuing any visas to nationals from a certain country, like India or China. Perhaps some of my colleagues think they are pretty good policy goals, but they have nothing to do with the tragic murder of this young woman. If we are going to consider this bill, we must have a chance to offer amendments to fix a few of these problems and assure the bill would accomplish its goal. Nomination of Pamela Jo Bondi Mr. President, this week the Senate Judiciary Committee will hold a confirmation hearing for Pam Bondi--President-elect Trump's choice for Attorney General. I appreciated meeting with Ms. Bondi last week to discuss issues of great importance to the American people. She is impressive. She is clearly a professional, a trusted attorney, and has an amazing background. I appreciated meeting with her. The significance of the Attorney General cannot be overstated. The Department of Justice is responsible for safeguarding civil rights and liberties, promoting public safety, and ensuring economic opportunity and fairness. An independent Attorney General is essential. The Justice Department leader must be loyal to the Constitution above all else-- including the President. But during his first term, then-President Trump used the Department of Justice as his personal attorneys. He tried to thwart the Mueller investigation, protect political allies, and even overturn the result of the 2020 Presidential election. Unfortunately, Mr. Trump has pledged that during his second term he will weaponize the Justice Department to seek revenge on his political enemies. The President-elect has made it clear that he values one thing above all else in an Attorney General: loyalty. I have no reason to believe President-elect Trump has changed his litmus test for Attorney General or his views on how the Justice Department should operate. In fact, I fear that he found someone who can pass his loyalty test. We will see at the hearing. The obvious concern with Ms. Bondi is whether she will follow the bipartisan tradition of the post-Watergate era and oversee an independent Department of Justice that upholds the rule of law. Ms. Bondi is one of four personal lawyers to President-elect Trump whom he has already selected for Department of Justice positions. She was a leader in an effort to overturn the 2020 election; she has echoed the President's calls for prosecuting his political opponents; and she has a troubling history of unflinching loyalty to the President-elect. In addition, she has a record of hostility to fundamental civil rights, including reproductive rights, voting rights, and LGBTQ rights. Every President has the right to nominate individuals to serve in key Cabinet positions. However, the Senate has the constitutional duty to provide advice and consent on these nominations. This week's hearing will provide an opportunity to learn more about her, her nomination, and her vision. The American people deserve an Attorney General who will protect their fundamental rights, demonstrate independence and integrity, and remain faithful to the Constitution, the country, and the rule of law. I yield the floor. (Mr. BUDD assumed the Chair.)

Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Fetterman), the Senator from Washington (Mrs. Murray), the Senator from California (Mr. Padilla), and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I ask unanimous consent that we begin the rollcall vote immediately, the 3 o'clock rollcall.

Mr. DURBIN. I announce that the Senator from New Hampshire (Ms. Hassan), the Senator from Connecticut (Mr. Murphy), the Senator from Washington (Mrs. Murray), the Senator from California (Mr. Padilla), and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, for many Presidents, their legacy is written and sealed by their actions in office--their post-Presidency activities nothing but fodder for the tabloids and a footnote in history books--but not for Jimmy Carter. I remember the last days of the Carter Presidency. After 444 painful days of sustained and frustrating efforts to release American hostages being held in Tehran, we witnessed their welcome, but cynically timed, release on the last day of our Nation's peaceful transfer of power from President Carter to President Reagan. President Carter's main goal had been to make sure that every hostage returned home alive. On that score, he succeeded. Leaving office at 56 years of age and passing away at the end of last month at 100, President Jimmy Carter had the longest post-Presidency in our Nation's history, and he certainly made it count. The same faith, empathy, and desire to help others that motivated him to run for office compelled him to continue improving the world after he left office. Not content with a rocking- chair retirement, President Carter devoted himself to human rights, conflict resolution, election monitoring, healthcare, affordable housing, and so much more. He was a humble man in a world of politics where humility is often the first casualty. But there is no doubt that in corners of the globe near and far, Jimmy Carter left his mark. A public servant can ask for no greater legacy. As our 39th President lies in state in the U.S. Capitol, just a few steps away from this Chamber, before he is laid to final rest, it is a time for paying respects and reflecting. President Carter's legacy tasks each one of us with looking inward and asking: How can I use my place in life to do more good for more people? Today, I send my thoughts to all those who knew, loved, or were inspired by President Carter. Our Nation and world are better off because of his service. May he rest in peace. I yield the floor. I suggest the absence of a quorum.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Nevada (Ms. Cortez Masto), the Senator from West Virginia (Mr. Manchin), and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent. Mr. THUNE: The following Senators are necessarily absent: the Senator from Florida (Mr. Rubio) and the Senator from Ohio (Mr. Vance).

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Benjamin Jerome Cheeks to the U.S. District Court for the Southern District of California. Born in Albany, GA, Judge Cheeks earned his B.A. from the University of Miami in 2000 and his J.D. from the Washington College of Law at American University in 2003. Judge Cheeks began his career in public service as an assistant district attorney in the New York County District Attorney's Office from 2003 to 2010. Cheeks then served as an assistant U.S. attorney in the United States Attorney's Office for the Southern District of California between 2010 and 2013. Prior to joining the bench, he worked as a criminal defense attorney at his own firm from 2013 to 2024. As a member of the Criminal Justice Act panel, Judge Cheeks was regularly assigned to represent indigent defendants, and those cases comprised 98 percent of his caseload. Since July of 2024, Judge Cheeks has served as a magistrate judge on the U.S. District Court for the Southern District of California. Judge Cheeks enjoys the strong support of both of his home State Senators, and the American Bar Association unanimously rated him as ``qualified'' to serve on the district court. Having served as a prosecutor, defense attorney, and Federal magistrate judge, Judge Cheeks is well prepared to serve as a district judge in the Southern District of California. I am proud to support his nomination and urge my colleagues to do the same.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) and the Senator from California (Mr. Schiff) are necessarily absent.-

Mr. DURBIN

Mr. DURBIN. I ask for the yeas and nays.

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin), and the Senator from California (Mr. Schiff) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Madam President, today, the Senate will vote to confirm Serena Murillo to the U.S. District Court for the Central District of California. Born in Pomona, CA, Judge Murillo received her B.A. from the University of California, San Diego and her J.D. from Loyola Law School. After law school, she worked as a post-bar law clerk at Shernoff, Bidart, and Echeverria in Claremont, CA. She then worked as an associate attorney at McNicholas & McNicholas in Los Angeles, where she represented plaintiffs in personal injury cases. From 1997 to 2014, Judge Murillo served as a deputy district attorney in the Los Angeles County District Attorney's Office. She prosecuted various criminal cases, including juvenile matters, felonies, white- collar crime, and criminal appeals. She tried approximately 68 cases to verdict in State court, half of which were jury trials. Since 2015, Judge Murillo has been a judge on the Superior Court of California in Los Angeles County. From 2018 to 2019, she served by appointment of the chief justice of the California Supreme Court as an associate justice pro tem on the California Court of Appeal. She has presided over approximately 55 jury trials in civil, felony, and misdemeanor matters, nearly all of which were criminal trials. She has also taught as a lecturer in law at the University of Southern California Gould School of Law since 2022. The American Bar Association rated Judge Murillo as ``well qualified'' to serve on the district court. She has deep ties to the Central District of California, and she enjoys the strong support of her home State Senators and the California legal community. Judge Murillo's litigation background and experience as both an advocate and State court judge ensure that she will be an asset to the district court. I am proud to support her nomination, and I ask my colleagues to join me in my support.

Mr. DURBIN. Madam President, I ask unanimous consent that the scheduled vote begin immediately.